Supreme Court

Decision Information

Concord Mortgage Group Ltd. v Northern Geophysics Ltd.

Court Supreme Court
Date 1994-10-03
Other citations (1994) – [1995] N.W.T.R. 194 (S.C.) – 34 C.P.C. (3d) 286
File numbers CV 05225
Judge(s) Richard
Location Yellowknife
Cases and statutes considered Cases considered:
Skogstad v. Younger & Holmes Ltd, [1972] 1 W.W.R. 155 (N.W.T. Terr. Ct.)
Harvey Fulton Whse Carpet Sales Ltd. v. Pye, [1990] N.W.T.R. 143 (S.C.)
Traders Group Ltd. v. Hopkins (1968), 64 W.W.R. 698 (affirmed N.W.T.C.A. 66 W.W.R. 573)
Alcor Pacific Lumber Sales Ltd. v. Janet Lumber Trading Co. (1977), 11 A.R. 139 (Alta. T.D.)
McCormack v. Starr, [1972] 1 W.W.R. 239 (Alta. C.A.)
Yorkshire Trust Co. v. Mallett (1986), 71 A.R. 23 (Alta. C.A.)

Statutes considered:
Reciprocal Enforcement of Judgments Act, R.S.N.W.T. 1988, c. R-1, s. 2
Reciprocal Enforcement of Judgments Act, R.S.N.W.T. 1988, c. R-1, s. 5
Reciprocal Enforcement of Judgments Act, R.S.N.W.T. 1988, c. R-1, s. 6
Decision information:

Abstract: The Defendant seeks to set aside the ex parte registration of an Alberta Judgment in this Court. The issue is whether the Court can consider the application notwithstanding the expiry of the statutory period within which such application may be made.
Decision: The application to set aside the registration of the Alberta judgment is denied as the debtor did not comply with the statutory time limit in filing its application. No steps were taken until such time as the judgment creditor took active steps to collect on the judgment properly registered in this Court.
Subjects: Conflict of laws - Foreign judgments - Reciprocal enforcement

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