Supreme Court

Decision Information

Northwest Territories (Commissioner) v Simpson Air Ltd.

Court Supreme Court
Date 1994-06-02
Other citations (1994) – [1995] N.W.T.R. 65 (N.W.T. S.C.) – 27 C.B.R. (3d) 190 (N.W.T. S.C.) – 27 C.B.R. (3d) 190 at 198 – affirming [1994] N.W.T.R. 184
File numbers CV 04464
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Morguard Mortgage Investments v. Faro Development (1974), 50 D.L.R. (3d) 426 (Alta. C.A.)
Benson v. McCarthy, (1927) 4 D.L.R. 622 (Sask. C.A.)
Holmes Foundry v. Point Edward, (1963) 2 O.R. 404 (C.A.)
R. v. Wilson, [1983] 2 S.C.R. 594
Royal Trust v. Jones, [1962] S.C.R. 132
McGuire v. Haugh, [1934] O.R. 9 (C.A.)
Northguard Acceptance Corporation v. Kurtz (1977), 3 Alta. L.R. (2d) 172 (C.A.)
Paper Machinery Ltd. v. J.O. Ross Engineering Corp., [1934] S.C.R. 186

Statutes considered:
Northwest Territories, Supreme Court Rules, R. 344(1)
Northwest Territories, Supreme Court Rules, R. 344(2)
Northwest Territories, Supreme Court Rules, R. 242
Northwest Territories, Supreme Court Rules, R. 377
Alberta Rules of Court, R. 390
Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, s. 249 (as amended 1992, c. 27, s. 89
Decision information:

Abstract: Application for reconsideration, pursuant to Supreme Court Rule 344 ( 1 ), of earlier decision denying stay of sale by receiver
Decision: The Court held that it was not appropriate to vary the previous Order allowing the sale as there was no new evidence brought before the Court. In order to set aside an order on the basis of new evidence, it must be shown that the evidence could not have been discovered by reasonable diligence for use at the original hearing, that the applicant had no knowledge of the it at that time, that the applicant used reasonable diligence after discovering the new evidence and that there is a reasonable probability of achieving a different result because of the new evidence. The evidence of a financing commitment did not meet this criteria.
Subjects: Civil procedure - Judgments and orders - Setting aside - Unentered judgment or order
Bankruptcy and insolvency - Secured creditors - Redemption of secuirty

Decision Content

There is no document available for this decision.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.