Strelioff v. Inuvik Liquor Store, (1982) 48 A.R. 234 (NWTSC)

Judgede Weerdt, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateApril 20, 1982
JurisdictionNorthwest Territories
Citations(1982), 48 A.R. 234 (NWTSC)

Strelioff v. Inuvik Liquor Store (1982), 48 A.R. 234 (NWTSC)

MLB headnote and full text

Strelioff v. Operator of Inuvik Liquor Store and Commissioner of the Northwest Territories

(No. SC 6101)

Indexed As: Strelioff v. Operator of Inuvik Liquor Store and Northwest Territories (Commissioner)

Northwest Territories Supreme Court

de Weerdt, J.

May 20, 1982.

Summary:

Strelioff applied for a declaration that regulations under the Liquor Ordinance that restricted the amount of liquor that could be purchased at the Inuvik liquor store were ultra vires. The liquor store applied to dismiss the application, submitting that Strelioff had no standing to bring the application. The Northwest Territories Supreme Court dismissed the liquor store's application.

Practice - Topic 219

Person who can sue and be sued - Individuals - Status or standing - Validity of legislation - Strelioff applied for a declaration that regulations under the Liquor Ordinance that restricted the amount of liquor that could be purchased at the Inuvik liquor store were ultra vires - The liquor store submitted that Strelioff had no standing to make the application - The Northwest Territories Supreme Court held that Strelioff's application to assert a positive right under the Ordinance constituted a special interest that gave him standing - See paragraphs 5 to 11.

Cases Noticed:

Smith v. Attorney-General of Ontario, [1924] S.C.R. 331; [1924] 3 D.L.R. 189; 42 C.C.C. 215, dist. [paras. 6 to 7, 10].

Dyson v. Attorney General, [1911] 1 K.B. 40; [1912] 1 Ch. 158, refd to. [paras. 7 to 8].

Minister of Justice et al. v. Borowski (1981), 39 N.R. 331; 24 C.R.(3d) 352 (S.C.C.), consd. [para. 11].

Statutes Noticed:

Liquor Ordinance, R.O.N.W.T. 1974, c. L-3, sect. 13 [para. 9].

Counsel:

G. Lang, for the applicant;

W.J. Wilkins, for the respondents.

This application was heard on April 20, 1982, at Yellowknife, Northwest Territories, before de Weerdt, J., of the Northwest Territories Supreme Court, who delivered the following judgment on May 20, 1982:

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