Supreme Court

Decision Information

Erickson v Milta Contracting Ltd.

Court Supreme Court
Date 1992-05-08
File numbers CV 02151
Judge(s) Richard
Location Yellowknife
Cases and statutes considered Cases considered:
Capital trust Corporation Ltd. v. Yellowhead Pass Coal and Coke Co. Ltd. (196) 9 Alta. L.R. 463
Camco Inc. v. Northwind Industries et al 91982) 36 A.R. 585
Imperial Oil v. Whissell Enterprises Ltd. (1985) 62 A.R. 321

Statutes considered:
Mechanics' Lien Act, R.S.N.W.T. 1988, c. M-7
Northwest Territories Supreme Court Rules, R. 124A
Decision information:

Abstract: Application for summary judgment against the defendant Keller. Affidavit material disclosed the Defendant's assertion that work was incomplete and defective. This is an arguable defense and must be decided at trial. Also application to strike out the counterclaim. Conceded that the claim does not demonstrate privity of contract
Decision: Application for summary Judgment denied. Application to strike out counterclaim adjourned for one month to permit amendment of the Claim.
Subjects: Civil procedure
Keywords: Summary judgment - striking - pleading

Decision Content

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