Fort Smith (Town) v. Berton, (1983) 54 A.R. 367 (NWTSC)
| Judge | Marshall, J. |
| Court | Supreme Court of Northwest Territories (Canada) |
| Case Date | November 21, 1983 |
| Jurisdiction | Northwest Territories |
| Citations | (1983), 54 A.R. 367 (NWTSC) |
Fort Smith v. Berton (1983), 54 A.R. 367 (NWTSC)
MLB headnote and full text
Fort Smith, Municipal Corporation of the Town of v. Berton
(No. SC 7024)
Indexed As: Fort Smith (Town) v. Berton
Northwest Territories Supreme Court
Marshall, J.
December 9, 1983.
Summary:
A town applied for an injunction to restrain Berton from certain construction in the town. On the day the application was to be heard, the town withdrew the application. Berton requested costs forthwith.
The Northwest Territories Supreme Court held that Berton was entitled to costs on a solicitor-client basis.
Practice - Topic 7454
Costs - Solicitor and client costs - Entitlement to - Improper, irresponsible or unconscionable conduct - A town applied for an injunction to restrain Berton from certain construction in the town - On the day the application was to be heard the town withdrew the application - The reason for the withdrawal was unclear - The Northwest Territories Supreme Court held that the town's improper conduct entitled Berton to costs on a solicitor client basis.
Counsel:
P. Spence, for the plaintiff;
George Carter, for the defendant.
This application was heard at Fort Smith, Northwest Territories, on November 21, 1983, before Marshall, J., of the Northwest Territories Supreme Court, who delivered the following judgment on December 9, 1983:
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...see Fiege v. Cornwall Gen. Hosp. (1980), 30 O.R.(2d) 691; 117 D.L.R.(3d) 152; 4 L. Med. Q. 124 (H.C.), and see Fort Smith v. Berton (1983), 54 A.R. 367 (N.W.T.S.C.). "The conduct of the defendant that this court found particularly abhorrent and which should not be tolerated was the req......
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Olson v. New Home Certification Program of Alberta, (1986) 69 A.R. 356 (QB)
...Q.B.), refd to. [para. 98]. Fiege v. Cornwall General Hospital (1979), 117 D.L.R.(3d) 152, refd to. [para. 99]. Fort Smith v. Berton (1983), 54 A.R. 367 (N.W.T.S.C.), refd to. [para. Statutes Noticed: Rules of Court (Alta.), rule 113, rule 115 [para. 59]. Authors and Works Noticed: Cheshire......
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Fleck v. Stewart, (1991) 118 A.R. 345 (QB)
...see Fiege v. Cornwall Gen. Hosp. (1980), 30 O.R.(2d) 691, 117 D.L.R.(3d) 152; 4 L. Med. Q. 124 (H.C.); and see Fort Smith v. Berton (1983), 54 A.R. 367 (N.W.T.S.C.). "The conduct of the defendant that this court found particularly abhorrent and which should not be tolerated was the requirem......
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Jackson and Parkview Holdings Ltd. v. Trimac Industries Ltd. et al., (1993) 138 A.R. 161 (QB)
...see Fiege v. Cornwall Gen. Hosp. (1980), 30 O.R.(2d) 691; 117 D.L.R.(3d) 152; 4 L. Med. Q. 124 (H.C.), and see Fort Smith v. Berton (1983), 54 A.R. 367 (N.W.T.S.C.). "The conduct of the defendant that this court found particularly abhorrent and which should not be tolerated was the req......
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Olson v. New Home Certification Program of Alberta, (1986) 69 A.R. 356 (QB)
...Q.B.), refd to. [para. 98]. Fiege v. Cornwall General Hospital (1979), 117 D.L.R.(3d) 152, refd to. [para. 99]. Fort Smith v. Berton (1983), 54 A.R. 367 (N.W.T.S.C.), refd to. [para. Statutes Noticed: Rules of Court (Alta.), rule 113, rule 115 [para. 59]. Authors and Works Noticed: Cheshire......
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Fleck v. Stewart, (1991) 118 A.R. 345 (QB)
...see Fiege v. Cornwall Gen. Hosp. (1980), 30 O.R.(2d) 691, 117 D.L.R.(3d) 152; 4 L. Med. Q. 124 (H.C.); and see Fort Smith v. Berton (1983), 54 A.R. 367 (N.W.T.S.C.). "The conduct of the defendant that this court found particularly abhorrent and which should not be tolerated was the requirem......