Fells v. Spence, (1984) 54 A.R. 222 (NWTSC)

• Judge: Marshall, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: February 28, 1984
• Jurisdiction: Northwest Territories
• Citations: (1984), 54 A.R. 222 (NWTSC)

Fells v. Spence (1984), 54 A.R. 222 (NWTSC)

MLB headnote and full text

Fells v. Spence

(SC 7065)

Indexed As: Fells v. Spence

Northwest Territories Supreme Court

Marshall, J.

March 29, 1984.

Summary:

A defeated election candidate applied for a declaration that another defeated candidate was ineligible to run in the election, because he was not "ordinarily resident" in the Northwest Territories as required by the Elections Ordinance.

The Northwest Territories Supreme Court dismissed the application and held that the candidate was ordinarily resident in the Northwest Territories for the purposes of the Election Ordinance.

Elections - Topic 1256

Candidates - Eligibility - Qualifications - Ordinarily resident - What constitutes - An election candidate lived in the Northwest Territories with his parents from 1964 to 1980, except for periods during which he attended boarding school and university - In 1980 he began a three year period of employment in Ottawa as a Northern Special Assistant, which required extensive travelling, mostly in the Northwest Territories - His parents lived in the Northwest Territories until 1982 and his sister still lived there - The candidate kept an apartment in Ottawa, but still considered himself a Northwest Territories resident - The Northwest Territories Supreme Court held that the candidate was ordinarily resident in the Northwest Territories for the purposes of s. 11 of the Elections Ordinance - See paragraphs 7 to 43.

Words and Phrases

Ordinarily resident - The Northwest Territories Supreme Court referred to the meaning of "ordinarily resident", as found in s. 11 of the Elections Ordinance, O.N.W.T. 1978, c. 3 - See paragraphs 4 to 43.

Cases Noticed:

In Re Income Tax Act (1933), 41 Man. R. 621 (K.B.), ref'd to. [para. 26].

Thompson v. M.N.R., [1946] 1 D.L.R. 689 (S.C.C.), ref'd to. [para. 28].

R. v. Nielson, 15 C.C.C.(2d) 224, consd. [para. 29].

Bicknell v. Brosnan, [1953] 2 Q.B. 77, consd. [para. 29].

Tenold v. Chapman (1981), 9 Sask.R. 279, affd. 12 Sask.R. 57, appld. [para. 30].

Statutes Noticed:

Elections Ordinance, O.N.W.T. 1978, c. 3, sect. 11 [para. 7]; sect. 15(3), sect. 15(4), sect. 15(6) [para. 8].

Elections Act, R.S.O. 1980, c. 133, sect. 1(1) [para. 11].

Authors and Works Noticed:

Concise Oxford Dictionary of Current English (7th Ed.) [para. 10].

Counsel:

A. Crawford, for the plaintiff;

The defendant appeared in person.

This action was heard at Yellowknife, N.W.T., on February 28, 1984, before Marshall, J., of the Northwest Territories Supreme Court, who delivered the following judgment on March 29, 1984.