Koyina v. Commissioner of the Northwest Territories, (1986) 67 A.R. 199 (NWTCA)

JudgeLaycraft, C.J., Lieberman, J.A. and Marshall, J.
CourtCourt of Appeal (Northwest Territories)
Case DateJanuary 22, 1986
JurisdictionNorthwest Territories
Citations(1986), 67 A.R. 199 (NWTCA)

Koyina v. Commr. of NWT (1986), 67 A.R. 199 (NWTCA)

MLB headnote and full text

Koyina v. Commissioner of the Northwest Territories

(# N.W.T. 572)

Indexed As: Koyina v. Commissioner of the Northwest Territories

Northwest Territories Court of Appeal

Laycraft, C.J., Lieberman, J.A. and Marshall, J.

January 22, 1986.

Summary:

Koyina was severely injured when struck by a snowmobile on December 26, 1980. On October 31, 1983, Koyina filed a claim for compensation under the Criminal Injuries Compensation Ordinance. The claim was rejected because it was made after the one year limitation period expired. Koyina applied to extend the time for filing a claim. The trial judge extended the time for filing. The Commissioner of the Northwest Territories appealed.

The Northwest Territories Court of Appeal dismissed the appeal.

Crime Victims' Compensation - Topic 2204

Bars - Limitation period - Extension of - A 17 year-old native of the Northwest Territories was severely injured when struck by a stolen snowmobile - She was unaware of the Criminal Injuries Compensation Ordinance due to the failure of the Northwest Territories government to publicize the programme - When she finally became aware of the programme, the time for filing a claim had expired and the Commissioner of the Northwest Territories had lost whatever subrogation rights were available - The Northwest Territories Court of Appeal affirmed an extension of the time for filing a claim under the Ordinance.

Statutes Noticed:

Criminal Injuries Compensation Ordinance, R.O.N.W.T. 1974, c. C-23, sect. 4 [para. 3].

Counsel:

A.F. Marshall, for the Commissioner of the Northwest Territories;

A. Wright, for Theresa Koyina.

This appeal was heard at Yellowknife, Northwest Territories, on January 22, 1986, before Laycraft, C.J., Lieberman, J.A., and Marshall, J., of the Northwest Territories Court of Appeal.

On January 22, 1986, Laycraft, C.J., delivered the following judgment orally for the Court of Appeal.

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