Background: The appellants were ordered to pay approximately $7 million in damages to GEA Refrigeration Canada Inc. due to the misappropriation of confidential engineering drawings. FPS Food Process Solutions Corporation decided to appeal the decision.

Legal Arguments/Issues: FPS proposed and obtained an agreement to stay execution of the judgment by paying the amount into the respondent’s lawyers' trust account. The agreement stipulated that the funds would be returned if the appeal succeeded. The primary issue on appeal was whether post-judgment interest continued to accrue while the judgment amount was held in trust pending appeal. FPS argued that post-judgment interest should stop accruing once the funds were paid into trust. The court held that post-judgment interest continued to run because the funds were held in trust and GEA did not have use of them until the appeal was dismissed. The court exercised its discretion under the Court Order Interest Act to require FPS to pay the difference between the actual interest earned in trust and the statutory post-judgment interest.

Held: The appeal was dismissed, and the original judgment, including post-judgment interest, was upheld.

Total Amount Awarded: The damages awarded to GEA Refrigeration Canada Inc. amounted to $7,137,087.00. Additionally, the post-judgment interest adjustment required FPS to pay approximately $644,000 after deducting the actual interest earned in trust.