Supreme Court

Decision Information

Iqaluit Caterers Ltd. v Zakal

Court Supreme Court
Date 1988-02-15
Other citations [1988] NWTR 186
File numbers 8382
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
SQUIRE V. SQUIRE AND OTHERS (1972) CH. 391 (1972) 1 ALL E.R. 891 (C.A.);
HOLLY HOMES V. EUCHNER (1986) N.W.T.R., 289 (S.C.);
PEARSON V. NAYDLER (1977) 3 ALL E.R. 531 (CH. D);
TOBITRON LIMITED V. SCHNEIDER (1978) 5 W.W.R. 495;
RUNDLE MAINTENANCE LTD. V. STEVENS ET AL (1977) 4 A.R. 321 (D.CT.);
BROWN INVESTMENT CO. V. HULBERT (1923) 2 W.W.R. 1132, 19 ALTA. L.R. 638 (C.A.)

Statutes considered:
COMPANIES ACT, R.O.N.W.T., 1974, C. C-7, S. 191;
NORTHWEST TERRITORIES ACT, R.S.C. 1970, C. N-22, SS. 3, 4;
EDUCATION ACT, 1976 (3RD) C. 2, S. 53.2
Decision information:

Abstract: Application for leave to amend the Statement of Defence and for security for costs
Decision: Leave to amend Statement of Defence granted - Court found no evidence that the Plaintiff would be prejudiced as a result notwithstanding that pleadings closed for some time - Application for Security for costs denied - Applicant failed to comply with the Rules of the Supreme Court regarding such applications - Affidavit of the Applicant not sworn by an agent of the Defendants and does not disclose a good defence on the merits.
Subjects: Civil procedure - Pleadings - Amendment - Leave to amend
Costs - Security for costs - Application for security - Procedure
Keywords: Security for costs
Statement of defence - prejudice - good defence on the merits

Decision Content

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