Supreme Court

Decision Information

Yellowknife (City) v Foliot

Court Supreme Court
Date 1995-09-13
Other citations (1995) – 29 M.P.L.R. (2d) 9 (N.W.T. S.C.)
File numbers CV 05904
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
R.JR. MacDonald Inc. v. Canada (Attorney-general), [1994] 1 S.C.R. 311
Johannesson v. Rural Municipality of West St. Paul, [1952] 1 S.C.R. 292
Hamilton Harbour Commissioners v. City of Hamilton (1979), 21 O.R. (2d) 459
British Columbia v. Van Gool, [1987] 4 W.W.R. 373

Statutes considered:
Planning Act, R.S.N.W.T. 1988, c. P-7
Canada Shipping Act, R.S.C. 1985, c. S-9
Public Harbours and Port Facilities Act, R.S.C. 1985, c. P-29
Navigable waters Protection Act, R.S.C. 1985, c. N-22
Decision information:

Abstract: City sought an injunction to prevent the Respondent from building his storage shed because he had not obtained a development and building permit. The issue raised complicated legal issues with respect to the City's authority to regulate in Yellowknife Bay. Court not satisfied that there was irreparable harm or that the balance of convenience favoured the City. An injunction was a measure disproportionate to the activity undertaken.
Decision: Application for interlocutory injunction dismissed.
Subjects: Injunctions
Keywords: Injunctions - jurisdiction - houseboats

Decision Content

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