Godt and Godt v. Plamondon, Buffalo Crossing Farms Ltd. and Plamondon et al., (1979) 23 A.R. 175 (NWTCA)

JudgeClement, Lieberman and Haddad, JJ.A.
CourtCourt of Appeal (Northwest Territories)
Case DateOctober 23, 1979
JurisdictionNorthwest Territories
Citations(1979), 23 A.R. 175 (NWTCA)

Godt v. Plamondon (1979), 23 A.R. 175 (NWTCA)

MLB headnote and full text

Godt and Godt v. Plamondon, Buffalo Crossing Farms Ltd. and Plamondon et al.

(318)

Indexed As: Godt and Godt v. Plamondon, Buffalo Crossing Farms Ltd. and Plamondon et al.

Northwest Territories Court of Appeal

Clement, Lieberman and Haddad, JJ.A.

October 23, 1979.

Summary:

This case arose out of an application to the Northwest Territories Court of Appeal by an unsuccessful defendant for an order for a new trial. The Northwest Territories Court of Appeal dismissed the application because the applicant failed to show several of the conditions necessary to support an order for a new trial.

Practice - Topic 9220

Appeals - New trials - General principles - The Northwest Territories Court of Appeal stated that new trials are contrary to the public interest - See paragraph 5.

Practice - Topic 9221

Appeals - New trials, conditions precedent - The Northwest Territories Court of Appeal referred to the conditions which an applicant for a new trial must establish in order to be successful - See paragraphs 7 to 9.

Practice - Topic 9223

Appeals - New trials, sufficiency of record of evidence at trial - An unsuccessful defendant applied to the Northwest Territories Court of Appeal for an order for a new trial on the ground that a transcript of the trial evidence was unavailable for purposes of an appeal because the court reporter destroyed his notes - The Northwest Territories Court of Appeal dismissed the application because the applicant failed to show several of the conditions necessary to support an order for a new trial - See paragraphs 8 and 9.

Cases Noticed:

Schubert v. Schubert, 10 A.R. 305, [1978] 6 A.L.R. 364, refd to. [para. 6].

Caswell v. Toronto R.W. Company (1911), 24 O.L.R. 339, refd to. [para. 6].

Morrison v. Aldridge, [1933] O.R. 402, refd to. [para. 7].

Peverley v. Arctic Construction Limited, 55 W.W.R. 236, refd to. [para. 10].

Counsel:

R.S. Dinkel, Q.C., for the applicants;

B. Vogel, for the respondents.

This application was heard by CLEMENT, LIEBERMAN and HADDAD, JJ.A., of the Northwest Territories Court of Appeal. The judgment of the Northwest Territories Court of Appeal was delivered at Yellowknife, N.W.T., on October 23, 1979.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT