Supreme Court

Decision Information

Thiessen v Carriere Toyota NWT Ltd.

Court Supreme Court
Date 1995-07-25
Other citations [1995] 9 W.W.R. 146 – 15 C.C.E.L. (2d) 203 (N.W.T. S.C.)
File numbers CV 05276
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Stelmaschuk v. Dean & Colburne (N.W.T.S.C. No. CV 05713; July 24, 1995)
Dallas Oilfield Contractors Ltd. v. Syroteuk, [1980] 3 W.W.R. 119 (Sask. D.C.)
Re Evans and Employment Standards Board (1983), 149 D.L.R. (3d) 1
Kenney v. Browning-Ferris Industries Ltd. (1988), 63 Alta. L.R. (2d) 164 (Q.B.)
Hine v. Susan Shoe Industries Ltd. (1989), 71 O.R. (2d) 438
(H.C.J.), affirmed (1994), 18 O.R. (3d) 255 (C.A.)
Canadian Imperial Bank of Commerce v. General Wholesale Products Corp. (1991), 59 B.C.L.R. (2d) 207 (S.C.)
Ralph v. Bieberstein (1984), 53 C.B.R. 57 (Prov. Ct.)
Derbach v. Shaw et al, [1933] 2 W.W.R. 605 (Man. C.A.)

Statutes considered:
Companies Act, R.S.N.W.T. 1988, c. C-12
Labour Standards Act, R.S.N.W.T. 1988, c. L-1
Canada Business Corporations Act, R.S.C. 1985, c. C-44
Companies Winding-Up Act, R.S.N.W.T. 1988, c. C-13
Decision information:

Abstract: Application by personal defendants to strike out statement of claim as disclosing no cause of action. Plaintiff claimed against former employer for unpaid wages and against directors for their statutory liability under the Labour Standards Act. The Labour Standards act is an alternative to civil action, It does not give an employee standing to pursue a civil cause of action based on its statutory obligations.
Decision: Leave to amend the Statement of Claim denied. Statement of Claim against personal defendants struck out as against them. The garnishee summons before judgment is set aside.
Subjects: Civil procedure
Keywords: Statement of claim - motion to strike - amend

Decision Content

 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.