Supreme Court

Decision Information

Fort Smith (Town) v Burke

Court Supreme Court
Date 1985-06-11
Other citations [1986] NWTR 3
File numbers SC 7721
Judge(s) de Weerdt
Location Fort Smith
Cases and statutes considered Cases considered:
D.P.P. V. SCHILDKAMP (1971) A.C.1 ;
CARDINAL V. THE QUEEN (1979) 97 D.L.R. (3D) 402 (F.C.T.D.);
ALEXANDER V. MACKENZIE (1947) J.C. 155;
MONTREAL V. LAYTON & CO. LTD. (1912) 1 D.L.R. 160 (QUE. C.A.).

Statutes considered:
PLANNING ACT, R.S.N.W.T. 1974, C. P-8, SS. 21, 33, 34, 35
Decision information:

Abstract: Application for an order directing a property owner to dismantle or demolish a building, in reliance on section 33 of the Planning Act - Property owner erected a building in contravention of applicable bylaws and despite being served with a notice to cease work.
Decision: Application dismissed with costs - Section 33 of the Planning Act contemplates restraining a builder and provides no remedy where a building is complete.
Subjects: Planning and zoning - Building regulation - Enforcement - Stop work order
Planning and zoning - Building regulation - Enforcement - Demolition
Keywords: Building by-law - contravention

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.