Supreme Court

Decision Information

Poole Construction Limited v Government of the Northwest Territories

Court Supreme Court
Date 1989-09-14
Other citations (1989) – [1989] N.W.T.R. 354 – 37 C.P.C. (2d) 251 – 62 D.L.R. (4th) 208 (S.C.)
File numbers SC 2963
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Riopel v. Sebastien (1984) 57 A.R. 364 (N.W.T.S.C.)
Allen v. Sir Alfred McAlpine & Sons Ltd. (1968) 2 Q.B. 229 (H.L.)
Marshall v. Fire Insurance Co. of Canada (1970) 71 W.W.R. (N.S.) 647 (Alta S.C. App Div)
Tiesmaki v. Wilson (1972) 2.W.W.R. 214 (Alta S.C. App Div)
Knol v. Thompson Estate (1980) 27 A.R. 158;
Lethbridge Motors Co. Ltd. v. American Motors (Can) Ltd. (1987) 53 Alta L.R. (2D) 326 (C.A.)
Swedish Canadian Lumber Co. v. Royal Bank (1932) 4 D.L.R. 64 (N.B.S.C.)
Western Tractor and Equipment Co. Ltd. v. Biddell et al (1972) 4 W.W.R. 687 (SASK. D. CT.);
Tate v. W. Leff CO. (1959) O.W.N. 242 (H.CT.);
Indurent Ltd. v. Canadian Indemnity Co. (1983) 35 C.P.C. 37 (MAN. Q.B.);
Decision information:

Abstract: Application for leave to take next step, more than one year having elapsed since the last step of the litigation was taken - Application to dismiss for want of prosecution - Application to find Plaintiff Poole Construction in contempt and guilty of abuse of process.
Decision: Application for leave to proceed granted - Application to dismiss for want of prosecution dismissed but Poole Construction found in civil contempt for delays in bringing on action - Most appropriate remedy not to strike out pleadings but to take into account the lack of responsiveness on the part of Poole.
Subjects: Civil procedure - Delay in prosecution of action - leave to take next step
Contempt of court - Proceedings for contempt - Remedies - Striking of pleadings or stay of action

Decision Content

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