Supreme Court

Decision Information

Holly Homes Ltd. v Euchner

Court Supreme Court
Date 1985-04-22
Other citations [1986] N.W.T.R. 289 – 13 C.P.C. (2d) 84
File numbers SC 7686
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
SIR LINDSAY PARKINSON & CO. LTD. V. TRIPLAN (1973) 1 Q.B. 609 (C.A.);
PEARSON ET AL V. NAYDLER ET AL (1977) 1 W,L.R. 899 (CH. D);
EDDIE 'N ME PRODUCTION CO. N. V. ET AL V. TORONTO STAR NEWSPAPERS LTD. ET AL (1981) 34 O.R. (2D) 433 (ONT. S. C.);
SONNTAG V. KRAUSE (1975) 11 O.R. (2D) 500.

Statutes considered:
COMPANIES ORDINANCE, R.O.N.W.T. 1974, C. C-7, S. 191.
Decision information:

Abstract: Application for security for costs - Defendant applying for security for costs as Defendant company was impecunious.
Decision: Application denied - Plaintiff to have costs - Impecuniosity not determinative as the poverty-stricken should not be precluding for that reason alone from bringing on claims - Look to all the circumstances - Plaintiff has a bona fide claim and part of its impecuniosity may be attributable to the actions of the Defendant.Application denied - Plaintiff to have costs - Impecuniosity not determinative as the poverty-stricken should not be precluding for that reason alone from bringing on claims - Look to all the circumstances - Plaintiff has a bona fide claim and part of its impecuniosity may be attributable to the actions of the Defendant.
Subjects: Costs - Security for costs
Keywords: Security for costs - impecuniosity

Decision Content

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