Supreme Court

Decision Information

Procan Exploration Company v Labour Standards Office

Court Supreme Court
Date 1985-11-14
Other citations [1986] NWTR 77
File numbers SC 7451
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
CENTRAL MORTGAGE AND HOUSING CORP. V. GRAHAM (1973) 43 D.L.R. (3D) 686;
C.P.B. CO. V. LITTLE SEMINARY OF STE. THERESE (1899) 16 S.C.R. 606;
R. V. HERMAN ET AL AND DEPUTY ATTORNEY GENERAL FOR CANADA, 91 D.L.R. (3D) 3;
MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT V. RANVILLE ET AL (1982) 139 D.L.R. (3D) 1;
ST. HILAIRE V. LAMBERT (1909) 42 S.C.R. 264;
GODSON V. CITY OF TORONTO (1890) 18 S.C.R. 36;
COMMONWEALTH OF PUERTO RICO V. HERNANDEZ (1973) 41 D.L.R. (3D) 549;
THE KING V. NORTHUMBERLAND FERRIES LTD. (1945) 3 D.L.R. 145.

Statutes considered:
LABOUR STANDARDS ORDINANCE R.O.N.W.T. 1974, C. L-1, SS. 2, 33, 37, 39.6,
Decision information:

Abstract: Application in the nature of certiorari to quash the decision of the Labour Standards Officer to issue certificates against and "Cadillac Procan Joint Venture" as an employer - Officer=s decision confirmed by the Board and upheld on appeal to this Court - Cadillac since been petitioned into bankruptcy - Procan seeks to quash the order that it is responsible, as an employer for the wages of employees engaged by Cadillac.
Decision: Application denied - Certiorari is a discretionary remedy and not to supplement an appeal that has failed - Judge sitting on the appeal as a judge rather than persona designata, or person carrying out statutory duties.
Subjects: Administrative law - Judicial review of decisions - Remedies - Certiorari

Decision Content

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