Supreme Court

Decision Information

Pokiak v Steen

Court Supreme Court
Date 1987-04-02
File numbers SC 8303
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
RE FROBISHER BAY MUNICIPAL ELECTION N.W.T.R. 183;
WILKIE AND GALBRAITH V. STEINMAN (UNREPORTED);
YORK V. POWELL (1909) 10 W.L.R. 407, 2 ALTA. L.R. 58 (C.A.);
R. EX REL. HUNT V. GEORGE (1906) 80 O.W.R. 583 (ONT. CO. CT.).

Statutes considered:
MUNICIPAL ACT, R.O.N.W.T., 1974, C. M-15, SS. 12, 13, 89, 91, 94
Decision information:

Abstract: Application to dismiss a municipal election petition on grounds of laches - Cross-application to fix a trial date - Applicant Pokiak challenged the qualification of the Respondent Steen to hold office as Mayor of Tuktoyuktuk due to indebtedness to the Hamlet.
Decision: Application dismissed - Cross-application granted - No evidence that delay was caused by lack of diligence or unreasonableness on the part of the Respondent Pokiak - Furthermore, laches not available where party claiming the remedy has been tardy in answering proceedings.
Subjects: Municipal law
Keywords: Elections - petition - laches - delay

Decision Content

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