Werner v. Hay River Mobile Home Park, (2013) 561 A.R. 12

• Judge: Charbonneau, J.
• Court: Court of Appeal (Northwest Territories)
• Case Date: August 07, 2013
• Jurisdiction: Northwest Territories
• Citations: (2013), 561 A.R. 12

Werner v. Hay River Mobile Home Park (2013), 561 A.R. 12; 594 W.A.C. 12 (NWTCA)

MLB headnote and full text

Temp. Cite: [2013] A.R. TBEd. AU.082

Harvey Werner (appellant) v. Hay River Mobile Home Park (respondent)

(A-1-AP-2011-000006; 2013 NWTCA 4)

Indexed As: Werner v. Hay River Mobile Home Park

Northwest Territories Court of Appeal

Charbonneau, J.

August 7, 2013.

Summary:

Werner appealed a decision made by the Rental Officer under the Residential Tenancies Act.

The Northwest Territories Supreme Court, in a decision reported at [2011] Northwest Territories Cases Uned. 8, dismissed the appeal. Werner appealed. He applied to amend the Notice of Appeal.

The Northwest Territories Court of Appeal, per Charbonneau, J., dismissed the application.

Practice - Topic 9004

Appeals - Notice of appeal - Amendment of - Werner appealed a decision made by the Rental Officer under the Residential Tenancies Act - In February 2011, a Supreme Court judge dismissed the appeal - Werner appealed - His Notice of Appeal listed eight grounds of appeal - In May 2013, Werner applied to amend the Notice of Appeal - The proposed amended Notice sought to add wording to some of the existing grounds and add a number of new grounds - The proposed amended Notice of Appeal had 21 grounds of appeal - The Northwest Territories Court of Appeal, per Charbonneau, J., dismissed the application - Rule 11 of the Rules of Court applied here and the court had the power to give Werner leave to amend his Notice of Appeal at any time, but "on such terms that may be considered just" - Under the circumstances, the amendments could not be granted on terms that would be just - To allow an expansion of the scope of the appeal at this stage would be unfair - Under the existing Notice of Appeal, there were fairly broad grounds of appeal raised and Werner would be able to advance his challenge to the decision within the parameters allowed by the law - Further delay was not warranted.

Cases Noticed:

R. v. Marriott (A.G.) (2012), 319 N.S.R.(2d) 163; 1010 A.P.R. 163; 2012 NSCA 76, refd to. [para. 9].

Counsel:

Harvey Werner, in person;

Michael Hansen, for the respondent.

This application was heard by Charbonneau, J., of the Northwest Territories Court of Appeal, who delivered the following decision orally on August 7, 2013.