Allman et al. v. Commissioner of Northwest Territories, (1983) 46 A.R. 61 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: April 12, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 46 A.R. 61 (NWTSC)

Allman v. NWT Commr. (1983), 46 A.R. 61 (NWTSC)

MLB headnote and full text

Allman et al. v. Commissioner of Northwest Territories

(No. SC 6447)

Indexed As: Allman et al. v. Commissioner of Northwest Territories

Northwest Territories Supreme Court

de Weerdt, J.

April 12, 1983.

Summary:

An application challenging that the Plebiscite Ordinance was contrary to the Canadian Charter of Rights and Freedoms was dismissed in a judgment reported in (1983), 44 A.R. 170. The matter of costs was reserved. The successful respondent applied for costs against the applicants. The Northwest Territories Supreme Court made no award of costs.

Practice - Topic 7029

Costs - Party and party costs - Entitlement - Successful party - Exceptions - Novel or important point - An application challenging that the Plebiscite Ordinance was contrary to the Canadian Charter of Rights and Freedoms was dismissed - The successful respondent applied for costs against the applicants - The Northwest Territories Supreme Court refused to award costs, because the applicants acted reasonably in raising a novel question of far reaching importance - See paragraphs 4 to 10.

Cases Noticed:

Donald Campbell & Co. Pollok, [1927] A.C. 732, refd to. [para. 2].

R. v. Panarctic Oils Limited (1982), 38 A.R. 447; 69 C.C.C.(2d) 393, refd to. [para. 9].

Minister of Justice of Canada v. Borowski, [1981] 1 W.W.R. 97; 39 N.R. 331; 64 C.C.C.(2d) 97; 24 C.R.(3d) 352; 130 D.L.R.(3d) 588 (S.C.C.), refd to. [para. 10].

Counsel:

D.K. Shaw, Q.C., for the respondent;

J.P. Boyer, for the applicants.

This case was heard before de WEERDT, J., of the Northwest Territories Supreme Court, who delivered the following judgment on April 12, 1983: