Supreme Court

Decision Information

Cairns v Yellowknife (City)

Court Supreme Court
Date 1987-10-21
Other citations [1987] NWTR 357
File numbers 00793
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
AMERICAN CYANAMID V. ETHICON (1975) 1 ALL E.R. (H.L.);
CITY OF LONDON V. TOWN OF NEWMARKET, 20 O.W.R. 929;
WALLACE V. TOWN OF DAUPHIN (1932) 2 W.W.R. 405

Statutes considered:
PLANNING ACT, R.S.N.W.T., 1974, S. 25, 29;
MUNICIPAL ACT, R.S.N.W.T., 1974, S. 156
Decision information:

Abstract: Application for an interim injunction restraining the Respondent from proceeding in the enactment of certain by-laws - By-laws propose to change the zoning in the Applicant=s area of residence to permit construction of a commercial building - Area for proposed building residential in nature - Applicant contends that the by-laws are being enacted in favour of a private interest rather than the public benefit
Decision: Application refused - Extra-ordinary remedy of injunctive relief must be granted only where no other relief is available - By-laws have not yet passed preliminary stage - Remedy premature at this point - No evidence that balance of convenience favours the Applicant at this time..
Subjects: Municipal law - By-laws and resolutions - PRoceedings to challenge - Remedies - Injunction
Keywords: By-laws
Zoning
Injunction - balance of convenience - premature

Decision Content

There is no document available for this decision.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.