Supreme Court

Decision Information

Arctic Star Lodge Ltd. v New Hampshire Insurance Company

Court Supreme Court
Date 1989-02-24
Other citations [1989] N.W.T.R. 140 – 39 C.C.L.I. 109 (S.C.)
File numbers SC 6947
Judge(s) Richard
Location Yellowknife
Cases and statutes considered Cases considered:
OWEN V. TINNING (1896) 3 TERR. L. R. 403;
HOWARTH V. EDNCH ET AL (1942) 1 W.W.R. 260 (B.C.C.A.)=
CERNY V. CANADIAN INDUSTRIES LTD. ET AL (1972) 6 W.W.R. 88 (ALTA. C. A.)
Decision information:

Abstract: Application under Rule 124A to strike out one paragraph of a Statement of Defence
Decision: Application denied - Paragraph does not contain the defect of having no merit on the face of the pleadings nor will the Applicant be prejudiced if the paragraph is allowed to stand.
Subjects: Civil procedure - Pleadings - Striking out - No reasonable cause of action
Civil procedure - Pleadings - Striking out - Embarrassing pleadings
Keywords: Statement of defence - strike - merit - prejudice

Decision Content

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