Supreme Court

Decision Information

Amarualik v Barker

Court Supreme Court
Date 1992-02-17
Other citations [1992] N.W.T.R. 186 – [1994] N.W.T.R. xliii (note) (C.A.) – 8 C.P.C. (3d) 46 – 8 C.P.C. (3d) 46 at 48 (S.C.) – affirmed (1992)
File numbers CV 02232
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
McElheran v. Great Northwest Insulation, [1989] N.W.T.R. 160 (S.C.)
Antares Shipping Corp. v. "Capricorn" (The), [1977] 2 S.C.R. 422
Royal Bank of Canada v. Scott, [1971] 4 W.W.R. 491 (N.W.T.S.C.)
United Oilseed Products Ltd. v. Royal Bank, [1988], 87 A.R. 337 (Alta. C.A.)
Spiliado Maritime Corp. v. Cansulex; Spilada, The, [1986] 3 All E.R. 843 (H.L.)

Statutes considered:
Federal Court Act, R.S.C. 1985, sc. F-7
Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50
Decision information:

Abstract: Application for a judicial stay of proceedings. Applicant had commenced proceedings in NWT and in Ontario. The test to be applied for a judicial stay is whether a court in another jurisdiction can try the case more suitably or appropriately for the interests of all of the parties and for the ends of justice.
Decision: Application dismissed. The Burden had not been discharged.
Subjects: Civil procedure - Stay of proceedings - Availability

Decision Content

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