Fort Smith (Town) v. Berton, (1983) 54 A.R. 367 (NWTSC)

JudgeMarshall, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateNovember 21, 1983
JurisdictionNorthwest 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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3 practice notes
  • Olson v. New Home Certification, 1986 CanLII 1640 (AB QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • April 11, 1986
    ...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......
  • Fleck v. Stewart, (1991) 118 A.R. 345 (QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • May 15, 1991
    ...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......
  • Jackson v. Trimac Industries Ltd., [1993] AJ No 218 (QL)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • March 17, 1993
    ...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......
3 cases
  • Jackson v. Trimac Industries Ltd., [1993] AJ No 218 (QL)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • March 17, 1993
    ...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......
  • Olson v. New Home Certification, 1986 CanLII 1640 (AB QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • April 11, 1986
    ...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......
  • Fleck v. Stewart, (1991) 118 A.R. 345 (QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • May 15, 1991
    ...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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