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

Judgede Weerdt, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateApril 12, 1983
JurisdictionNorthwest 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:

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3 practice notes
  • Allman et al. v. Commissioner of the Northwest Territories, (1983) 50 A.R. 161 (NWTCA)
    • Canada
    • Northwest Territories Court of Appeal (Northwest Territories)
    • December 21, 1983
    ...The successful respondent applied for costs against the residents. The Northwest Territories Supreme Court, in a decision reported in (1983), 46 A.R. 61, made no award of The residents appealed against the dismissal of their application. The Northwest Territories Court of Appeal dismissed t......
  • Canadian Deposit Insurance Corp. v. Canadian Commercial Bank, (1987) 76 A.R. 271 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 5, 1987
    ...3 W.W.R. 160; 66 D.L.R.(3d) 408 (B.C.S.C.), refd to. [para. 6]. Allman v. Commissioner of Northwest Territories, [1983] N.W.T.R. 231; 46 A.R. 61, refd to. [para. 7]. Welk v. Saskatchewan Social Services Appeal Board, [1986] 2 W.W.R. 333; 23 D.L.R. (14th) 698; 44 Sask.R. 252, revsd. [1986] 5......
  • Stubbs v. Greenough, (1984) 61 N.S.R.(2d) 300 (TD)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • January 23, 1984
    ...The Queen (1982), 70 C.C.C.(2d) 430 (Que.Sup.Ct.), refd to. [para. 48]. Allman et al. and Commissioners of the Northwest Territories (1983), 46 A.R. 61; 44 D.L.R.(3d) 467, consd. [para. 50]. Elliott v. St. Catherines (1909), 18 O.L.R. 57, refd to. [para. 56]. Re Casson and Read (1975), 60 A......
3 cases
  • Allman v. NWT Commr., (1983) 50 A.R. 161 (NWTCA)
    • Canada
    • Northwest Territories Court of Appeal (Northwest Territories)
    • December 21, 1983
    ...The successful respondent applied for costs against the residents. The Northwest Territories Supreme Court, in a decision reported in (1983), 46 A.R. 61, made no award of costs. The residents appealed against the dismissal of their application. The Northwest Territories Court of Appeal dism......
  • Stubbs v. Greenough, (1984) 61 N.S.R.(2d) 300 (TD)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • January 23, 1984
    ...The Queen (1982), 70 C.C.C.(2d) 430 (Que.Sup.Ct.), refd to. [para. 48]. Allman et al. and Commissioners of the Northwest Territories (1983), 46 A.R. 61; 44 D.L.R.(3d) 467, consd. [para. 50]. Elliott v. St. Catherines (1909), 18 O.L.R. 57, refd to. [para. 56]. Re Casson and Read (1975), 60 A......
  • CDIC v. Cdn. Com. Bk., [1987] 3 WWR 160
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • February 5, 1987
    ...3 W.W.R. 160; 66 D.L.R.(3d) 408 (B.C.S.C.), refd to. [para. 6]. Allman v. Commissioner of Northwest Territories, [1983] N.W.T.R. 231; 46 A.R. 61, refd to. [para. 7]. Welk v. Saskatchewan Social Services Appeal Board, [1986] 2 W.W.R. 333; 23 D.L.R. (14th) 698; 44 Sask.R. 252, revsd. [1986] 5......

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