Supreme Court

Decision Information

Fells v Spence

Court Supreme Court
Date 1984-03-29
Other citations [1984] N.W.T.R. 123 – 54 A.R. 222 (N.W.T. S.C.)
File numbers SC 7065
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
In Re Income Tax Act (1933) 41 Manitoba Reports 621 (Q.B.)
Thompson v. M.N.R. [1946] 1 D.L.R. 689
Regina v. Nielson, 15 C.C.C. (2d) 224
Bicknell v. Brosnan (1953) 2 Q.B. 77
Tenold v. Chapman, 9 Saskatchewan R. 279
Tenold v. Chapman, 12 Saskatchewan r. 57 (Sask. C.A.)

Statutes considered:
Elections Ordinance, 1978 (3d) C. 3 as amended 1981 (3d) C. 5, s. 11 (1), s. 15 (3) (4) (6), s. 18
Election Act, R.S.O. 1980, c. 133, s. 1 (l)
Decision information:

Abstract: Action for a declaratory judgment as to residence pursuant to Elections Ordinance - Plaintiff and Defendant both candidates for Yellowknife North - Plaintiff seeking to have Defendant declared non-resident - Court considering meaning of "ordinarily resident" - Court finding that Defendant not having lost ordinary residence in Northwest Territories despite having schooled and worked in different locales - Court applying generous interpretation to meaning of "ordinarily resident" under Elections Ordinance.
Decision: Action dismissed - Court concluding that Defendant had been ordinarily resident for requisite period for election to qualify as elector and candidate.
Subjects: Elections - Candidates - Eligibility
Elections - Legislation - Interpretation
Keywords: Elections - residency - ordinarily resident

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