Better Homes Ltd., Re, (1971) 2 Nfld. & P.E.I.R. 191 (NFSC)

• Judge: Puddester, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 29, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 2 Nfld. & P.E.I.R. 191 (NFSC)

Better Homes Ltd., Re (1971), 2 Nfld. & P.E.I.R. 191 (NFSC)

MLB headnote and full text

Re Better Homes Limited

Indexed As: Better Homes Ltd., Re

Newfoundland Supreme Court

Crown Side

Puddester, J.

March 29, 1971.

Summary:

Preliminary motion on application for a writ of mandamus directed to the St. John's Municipal Council.

Administrative Law - Topic 3808

Practice - Crown side - Rules of Court - Judicial review, mandamus - Whether application for mandamus order nisi to be heard by the Supreme Court constituted of one judge under the Rules of Court or of two judges under the Crown Office Rules - Newfoundland Supreme Court held Judicature Act does not permit Supreme Court to be constituted of two judges and accordingly held application to be heard by one judge under Rules of Court.

Statutes Noticed:

Judicature Act, R.S.M. 1952, c. 114, sect. 3(2), sect. 3(3), sect. 3(4), sect. 3(10), sect. 9(1), sect. 9(2).

Rules of Court, Order 61, rule 1, rule 2, rule 4; Order 54.

Crown Office Rules, rule 49.

Counsel:

Philip J. Lewis, Q.C., Gerald F. Land and Mrs. Lynn E. Spracklin, for the St. John's Municipal Council;

John C. Crosbie, for Better Homes Limited.