Supreme Court

Decision Information

Der Veen v Fort Simpson (Village)

Court Supreme Court
Date 1994-08-29
Other citations (1994) – 30 C.P.C. (3d) 365 (N.W.T. S.C.)
File numbers CV 05102
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Kiewit Management v. Northwest Territories (Commissioner), [ 1992 ] NWTR 70 (SC)
Wiswell et al v. Winnipeg ( 1965 ), 51 WWR 513 (SCC)
Pease v. Moosoomin et al ( 1901 ), 5 Terr LR 207 (SC)
Re Clements and Toronto ( 1959 ), 20 DLR ( 2d ) 497 (Ont CA)
Pappenfus v. Pearce, [ 1981 ] 2 WWR 291 (Sask CA)
Blue Peter Steamships Ltd. v. St. John's ( 1990 ), 50 MPLR 136 (Nfld SC)
Barke v. Calgary ( 1993 ), 7 Alta LR ( 3d ) 396 (QB)
Canadian Pacific Railway Co. v. Cornwallis ( 1890 ) 7 Man R 1 (CA)
Eadie v. Brantford, [ 1967 ] SCR 573
Air Canada et al v. British Columbia et al, [ 1989 ] 4 WWR 97 (SCC)
Wardley Realty v. Little Valley Holdings et al (Alta CA no. 15910, April 9, 1984)
ATTORNEY-GENERAL OF CANADA V. INUIT TAPIRISAT OF CANADA ET AL (1980), 115 D.L.R. (3d) 1 (S.C.C.)

Statutes considered:
Cities, Towns and Villages, R.S.N.W.T. 1988, c. C-8, s. 68
Property Assessment and Taxation Act, R.S.N.W.T. 1988, c. P-10, s. 76
Decision information:

Abstract: The Defendant moves to strike out the Plaintiffs' Statement of Claim on the ground that it fails to disclose a cause of action.
Decision: The application to strike out the Statement of Claim is allowed. As the Statement of Claim fails to disclose any cause of action, it cannot be remedied by amendment and must be struck out. The plaintiffs are at liberty to bring a claim in the future on proper grounds and properly pleaded. Costs are fixed at $500.00 for the Defendant.
Subjects: Civil procedure
Taxation - Powers of taxation - Municipal taxation
Keywords: Statement of claim - cause of action - striking out

Decision Content

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