D & D Electric Ltd. v. Husky Camps Ltd., (1979) 22 A.R. 297 (NWTSC)

JudgeTallis, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateSeptember 06, 1979
JurisdictionNorthwest Territories
Citations(1979), 22 A.R. 297 (NWTSC)

D&D Electric Ltd. v. Husky Camps (1979), 22 A.R. 297 (NWTSC)

MLB headnote and full text

D & D Electric Ltd. v. Husky Camps Ltd.

Indexed As: D & D Electric Ltd. v. Husky Camps Ltd.

Northwest Territories Supreme Court

Tallis, J.

September 6, 1979.

Summary:

This headnote contains no summary.

Practice - Topic 1610

Pleadings - Defence - Denials - Effect of general denial of allegations in statement of claim - The Northwest Territories Supreme Court stated that a general denial in a statement of defence could preclude a defendant from raising certain defences at trial and a general denial accompanied by an application at trial to amend the defence could result in costs being awarded to the plaintiff - See paragraph 7.

Practice - Topic 2236

Pleadings - Striking out - Grounds - Defence failing to disclose an answer to the statement of claim - A plaintiff applied to have the statement of defence struck, because it contained a general denial of the allegations in the statement of claim and this did not constitute an answer to the statement of claim - The Northwest Territories Supreme Court dismissed the application and held that the general denial was a sufficient answer to the statement of claim.

Cases Noticed:

Warner v. Sampson and Another, [1959] 1 All E.R. 120, appld. [para. 5].

Thomas J. Duncan Ltd. v. Sigurdson et al., 67 D.L.R.(2d) 478, dist. [para. 6].

Twentieth Century-Fox Corporation Limited v. Broadway Theatres Limited (No. 2) (1951), 2 W.W.R.(N.S.) 180, refd to. [para. 9].

Twentieth Century-Fox Corporation Limited v. Broadway Theatres Limited (1951), 1 W.W.R.(N.S.) 785, refd to. [para. 9].

Statutes Noticed:

Rules of Court (N.W.T.), rule 125 [para. 2].

Authors and Works Noticed:

Odgers, Principles of Pleading and Practice (16th Ed.), pp. 81-82 [para. 9].

Atkin's Court Forms (2nd Ed. 1978), vol. 32, p. 24 [para. 9].

Counsel:

Dawn Peterson and George Carter, for the applicant/plaintiff;

No one appearing for the defendant/respondent.

This case was heard on June 8, 1979, at Yellowknife, Northwest Territories, by TALLIS, J., of the Northwest Territories Supreme court.

On September 6, 1979, TALLIS, J., delivered the following judgment:

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