Supreme Court

Decision Information

Fergusson v Stewart

Court Supreme Court
Date 1984-04-16
Other citations [1984] NWTR 131
File numbers SC 7158
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
Lamb v. McLeod (1932) 3 W.W.R. 603
Re Yale (Dist.) Election, B.C.C.A. 56 W.W.R. 513
Blanchard v. Cole (1950) 4 D.L.R. 316
Gross v. Wiebe and Martens (1976) 5 W.W.R. 394

Statutes considered:
Controverted Elections Ordinance, R.O.N.W.T. 1978, c. 14, s. 6 (c), s. 2 (f)
Saskatchewan Controverted Elections Act
Decision information:

Abstract: Petition under Controverted Elections Ordinance to declare election void - Notice of Motion to have petition set aside - Court construing statute narrowly - Court finding that statute allowing only petitions attacking eligibility of candidates, not allowing petitions declaring elections void.
Decision: Petition dismissed.
Subjects: Elections - Legislation - Interpretation
Elections - Controverted elections
Keywords: Controverted elections - when election void - grounds to set aside petition
Solus populi suprimus lex

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