Supreme Court

Decision Information

Ambrose v Stewart

Court Supreme Court
Date 1991-08-29
Other citations [1991] NWTR 364
File numbers CV 02717
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Mills v. Petrovic (1980), 118 D.L.R. (3d) 367 (Ont. H.C)
Robert Reiser & Co. v. Nadore Food Processing Equipment Ltd. (1977), 81 D.L.R. (3d) 278 (Ont. H.C.)
Aslatt v. Southampton Corp. (1880), 16 Ch. D. 143

Statutes considered:
Judicature Act, R.S.N.W.T. 1988, c. J-1, s. 41(1)
Decision information:

Abstract: Application for interim injunction against disposal of personal property pending judgment in an action for damages - Plaintiffs seek damages from the Defendants for misappropriation of funds during the time the Defendant Robert Stewart was employed by the Plaintiff - Plaintiffs submit that the Defendants are likely to dissipate property.
Decision: Application dismissed - While there is a serious question to be tried, Court unable to find where the merits in the case lie - No evidence that the Plaintiffs will suffer irreparable harm in the absence of the application sought - Finally, balance of convenience favours the Respondents who will suffer the greater harm if the application is granted.
Subjects: Injunctions - Interlocutory or interim injunctions - Availability
Keywords: Injunction - interim
Disposal of property - judgment - balance of convenience - irreparable harm

Decision Content

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