Judicature Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.J-1
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites
Cited by
Contents
1. Definitions 2. Supreme Court 3. Seal 4. Composition of Supreme 4.1. Super- numerary judges 4.2. Judge of Territorial Court and justice of the peace 5. Deputy judge 6. Oath of office 7. Judgment after termination of office 8. Force and validity of judgment 8.1. Meetings of judges of Supreme Court 9. Additional powers of Supreme Court 10. Scope of jurisdiction 11. Procedure and practice 12. Where chambers sittings become Supreme Court sittings 13. Power to make vesting orders 13.1. Definition: "Canadian Free Trade Agreement" 14. Giving effect to probate, etc. granted outside 14.1. Vexatious proceedings 15. Establishment of Court of Appeal 16. Composition of Court of Appeal 16.1. Meetings of judges of Court of Appeal 16.2. Judge unable to continue 16.3. Judgment by former judge 17. Sittings 18. Appointment of Registrar and other officers 19. Notice of appeal 20. Rules of the Court of Appeal 21. Vexatious proceedings 22. Rules of law 23. Claim by plaintiff or petitioner on equitable or legal right 24. Defence to claim for relief 25. Claim by defendant against plaintiff or third party 26. Recognition of equitable estates, etc. 27. Granting of remedies 28. Relief against penalties and forfeitures 29. Restraint on cause or matter by prohibition or injunction 30. Relief of mortgagor in 31. Relief of purchaser in 32. Amendment of pleadings in certain cases 33. Rules of law and equity on certain matters 34. Breach of trust 35. Equitable waste 36. Merger 37. Suit by mortgagor for rents and profits 38. Disputed assignment of debt or other chose in action 39. Construction of time stipulations in contracts 40. Effect of part performance 41. Interlocutory mandamus or injunction 42. Damages where injunction or 43. Orders of court as against purchasers 44. Minors 45. Rules of equity 46. Wages of minors 47. Negligence of employee 48. Declaratory judgments or orders 49. Effect of giving time to principal debtor 50. Power of court to order sale of real estate 51. Independent spousal personality 52. Domicile of minor 53. Action for seduction 54. Abolition of distinction 55. Definition: "prime rate" 56. Prejudgment interest 56.1. Post-judgment interest 56.2. Discretion of judge 57. Capitalized value of award 58. Tender of amends 59. Definition: "enactment" 60. Rules of the Supreme Court 61. Clerk of the Supreme Court 62. Duties 63. Appointment in absence of Clerk 64. Powers of judge 65. Transfer of books, etc. after resignation, removal or death of Clerk 66. Prohibition against practising as barrister or solicitor 67. Appointment and general duties 68. Hours of business 69. Fee book 70. Inspection of records 71. Transfer of books, etc. after resignation, removal or death of Sheriff 72. Unauthorized holding of books and other things 73. Sale of lands where Sheriff dies, resigns, is disabled or is removed 74. Execution against lands after Sheriff out of office 75. Application 76. Damages for wilful misconduct 77. Duty of officer or clerk of Sheriff 78. Recovery of possession of writs, warrants, processes 79. Prohibition against practising as barrister or solicitor 80. Appointment of officers 81. Oath 82. Costs of Commissioner 83. Regulations
Regulations
Court Services Fees RegulationsEstate Administration RulesExamination Fees RegulationsFees and Allowances RegulationsNorthwest Territories Divorce RulesRules of the Court of Appeal for the Northwest Territories Respecting Civil AppealsRules of the Supreme Court of the Northwest Territories - Part OneRules of the Supreme Court of the Northwest Territories - Part Two - SchedulesSeal of the Supreme Court Regulations

INTERPRETATION

Definitions

1.

In this Act,

"action" means a civil proceeding commenced in the manner that may be established by this Act or the Rules of the Supreme Court; (action)

"cause" includes any action, suit or other original proceeding between a plaintiff and a defendant; (cause)

"Clerk" means the Clerk of the Supreme Court appointed under section 61; (greffier)

"Court of Appeal" means the Court of Appeal for the Northwest Territories established by subsection 15(1); (Cour d’appel)

"defendant" includes

(a) every person who is served with a process or notice of a proceeding, and

(b) every person entitled to attend a proceeding; (défendeur)

"judge" means a judge of the Supreme Court and includes a deputy judge of the Supreme Court, a supernumerary judge of the Supreme Court and an ex officio judge of the Court; (juge)

"judgment" includes a decree, order and rule; (jugement)

"matter" includes every proceeding in the Supreme Court not in a cause; (affaire)

"party" includes every person served with notice of or taking part in a proceeding, whether or not the person is named in the record; (partie)

"petitioner" includes every person making an application to the Supreme Court either by petition, motion or summons, otherwise than as against a defendant; (requérant)

"plaintiff" includes every person asking relief, otherwise than by way of counterclaim as a defendant, against any other person by any form of proceeding; (demandeur) "pleading" includes a summons, the statement in writing of the claim or demand of a plaintiff, or the defence of a defendant to it, and of the reply of the plaintiff to a counterclaim of the defendant; (acte de procédure)

"Rules of the Supreme Court" means the rules referred to in section 60; (Règles de la Cour suprême)

"Sheriff" means the Sheriff appointed under section 67; (shérif)

"Supreme Court" means the Supreme Court of the Northwest Territories continued by section 2; (Cour suprême)

"verdict" includes the finding of a jury and the decision of a judge. (verdict) RSNWT 1988,c.62(Supp.),s.2.

SUPREME COURT

Supreme Court

2.

The court now existing under the name of the Supreme Court of the Northwest Territories is continued under that name and shall continue to be a superior court of record with all jurisdiction, powers and authority of that court.

Seal

3.

There shall be a seal of the Supreme Court that shall be prescribed by the Commissioner.

Composition of Supreme

4.

(1) The Supreme Court shall be composed of

(a) the Chief Justice appointed by the Governor in Council;

(b) three judges appointed by the Governor in Council;

(c) the ex officio and deputy judges that may be appointed from time to time by the Governor in Council; and

(d) any supernumerary judges.

References to a judge of a court

(2) Where under an Act of the Northwest Territories or an Act of Canada or any other law in force in the Territories any power or authority is to be exercised or anything is to be done by a judge of a court, that power or authority shall, in the Territories, be exercised or that thing shall be done by a judge, unless some other provision is made in that behalf by such Acts or other law. RSNWT 1988, c.62(Supp.),s.3; c.100(Supp.),s.1; SNWT 2012, c.16,s.2; SNWT 1995, c.6,s.2.

Super- numerary judges

4.1.

For each office of judge referred to in paragraph 4(1)(a), there is an additional office of supernumerary judge which any judge referred to in paragraph 4(1)(a) may elect to hold on compliance with and on meeting the qualifications of the Judges Act (Canada). RSNWT 1988,c.62(Supp.),s.4.

Judge of Territorial Court and justice of the peace

4.2.

A judge of the Supreme Court is ex officio a judge of the Territorial Court and a justice of the peace. SNWT 1997,c.3,s.2(2).

Deputy judge

5.

A deputy judge or ex officio judge of the Supreme Court during his or her appointment has and may exercise all the powers, rights, incidents, privileges and immunities that are vested in a judge.

Oath of office

6.

(1) Every judge shall, before entering on the duties of the office of judge, take the following oath of office: I, ................, solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as .............. of the Supreme Court. So help me God.

Administra- tion of oath

(2) The oath of office referred to in subsection (1) shall be administered by

(a) a judge;

(b) the Commissioner; or

(c) a person authorized by the Commissioner to administer the oath.

Judgment after termination of office

7.

Where a judge ceases to hold the office of judge, and a cause or matter that has been fully heard by the judge stands for judgment, the judge may within six weeks after ceasing to hold office give judgment in respect of that cause or matter as if he or she were still a judge.

Force and validity of judgment

8.

A judgment referred to in section 7 is of the same force and validity as if the former judge were still a judge.

Meetings of judges of Supreme Court

8.1.

The judges of the Supreme Court may meet, on a day fixed by the Chief Justice of the Supreme Court, to consider the operation of this Act and the rules made under section 60, and to consider the administration of justice generally. SNWT 2000, c.15,s.3(2),(3).

Additional powers of Supreme Court

9.

For the administration of the laws for the time being in force in the Northwest Territories, the Supreme Court possesses within the Territories, in addition to any other jurisdiction, powers, rights, incidents, privileges and immunities that immediately before its organization were vested in or capable of being exercised in the Territories by the Territorial Court, as constituted under the Northwest Territories Act (Canada), immediately before March 15, 1971, the jurisdiction that on July 15, 1870, was in England vested in

(a) the High Court of Chancery, as a common law court, as well as a court of equity, including the jurisdiction of the Master of the Rolls, as a judge or master of the Court of Chancery, and any jurisdiction exercised by the Master of the Rolls in relation to the Court of Chancery as a common law court;

(b) the Court of Queen’s Bench;

(c) the Court of Common Pleas at Westminster;

(d) the Court of Exchequer, as a court of revenue, as well as a common law court;

(e) the Court of Probate;

(f) the courts created by commission of assize, of oyer and terminer and of general gaol delivery, or any such commissions; and

(g) any other superior court or court of record.

SNWT 2012,c.16,s.3.

Scope of jurisdiction

10.

The jurisdiction referred to in section 9 includes

(a) the jurisdiction that at any time before the organization of the Supreme Court was vested in or capable of being exercised by a judge sitting in court or chambers or elsewhere, when acting as a judge under a statute, law or custom;

(b) all the powers given to any court referred to in section 9 or to any judge by a statute or Act; and

(c) all ministerial powers, duties and authorities incidental to any and every part of the jurisdiction so conferred.

SNWT 2012,c.16,s.4.

Procedure and practice

11.

The jurisdiction of the Supreme Court or of a judge with regard to procedure and practice shall be exercised in the manner provided by this Act and the Rules of the Supreme Court.

Where chambers sittings become Supreme Court sittings

12.

(1) A judge sitting in chambers, on stating that he or she is sitting in Supreme Court, has and may exercise and enjoy all the powers, rights, incidents, privileges and immunities that the judge has when presiding over the trial of an action.

Force and effect of judgment or decision

(2) A judgment given or a decision, determination, rule, order or decree made by a judge while sitting in chambers after making the statement referred to in subsection (1) has the same force and effect as if made while presiding over the trial of an action.

Power to make vesting orders

13.

Where the Supreme Court has authority to order the execution of a deed of conveyance, transfer or assignment of real or personal property, the Supreme Court may by order vest that real or personal property in the person or persons and in the manner and for the estates that would be done by that deed, conveyance, assignment or transfer if executed, and thereupon the order has the same effect

(a) as if the legal or other estate or interest in the property had been actually conveyed by deed or otherwise for the same estate or interest to the person in whom the estate or interest is so ordered to be vested; or

(b) in the case of a chose in action, as if the chose in action had been actually assigned to the person in whom the chose in action is so ordered to be vested.

Definition: "Canadian Free Trade Agreement"

13.1.

(1) In this section, "Canadian Free Trade Agreement" means the Canadian Free Trade Agreement between the governments of Canada, the provinces and the territories, in force on July 1, 2017, as amended from time to time.

Filing of order to pay

(2) A certified copy of an order, made under Chapter Ten of the Canadian Free Trade Agreement may be filed with the Supreme Court if the order

(a) was made by a presiding body or compliance panel established under the Canadian Free Trade Agreement and requires the Government of the Northwest Territories to pay costs or monetary penalties; or

(b) was made by a presiding body established under the Canadian Free Trade Agreement and requires a person other than the Government of the Northwest Territories to pay costs.

Effect of filing

(3) When a certified copy is filed with the Clerk under subsection (2), the copy has the same force and effect as an order for the payment of money made by the Supreme Court against the Government of the Northwest Territories or the other person. SNWT 2023,c.16,s.2.

Giving effect to probate, etc. granted outside

14.

(1) Where probate, letters of administration or any other legal document purporting to be of the same nature granted by a court of competent jurisdiction in

(a) a province or territory,

(b) the United Kingdom,

(c) any British possession,

(d) any nation or territory that is a member of the British Commonwealth of Nations,

(e) one of the states of the United States, or

(f) any territory or dependency of the United States,

is produced to and a copy of it deposited with the Clerk of the Supreme Court and the prescribed fees are paid as on a grant of probate or administration, the probate or letters of administration or other document shall, under the direction of the judge, be sealed with the seal of the Supreme Court, and thereupon is of like force and effect in the Northwest Territories as if it had been originally granted by the Supreme Court, and is so far as regards the Territories, subject to any order made by the Supreme Court or on appeal therefrom, as if the probate or letters of administration had been granted thereby.

Security

(2) Letters of administration or a legal document purporting to be of the same nature granted by a court of competent jurisdiction as set out in subsection (1) shall not be sealed with the seal of the Supreme Court until

(a) a certificate under the hand of the registrar of the court that issued the letters or legal document is filed with the Clerk, which states that security has been given in that court in a sum of sufficient amount to cover the assets within the jurisdiction of that court and the assets within the Northwest Territories; or

(b) in the absence of the certificate referred to in paragraph (a), like security to that referred to in paragraph (a) is given to the Supreme Court so as to cover the assets within the Northwest Territories and the assets within the jurisdiction of the court granting the original letters of administration.

SNWT 2012,c.16,s.6,7.

Vexatious proceedings

14.1.

(1) If a judge of the Supreme Court is satisfied, on application, that a person has, in any court, persistently and without reasonable grounds commenced vexatious proceedings or conducted proceedings in a vexatious manner, the judge may order

(a) that the person may not commence a proceeding in the Territorial Court or the Supreme Court without leave of a judge of the Supreme Court; or

(b) that a proceeding previously commenced by the person in the Territorial Court or the Supreme Court may not be continued without leave of a judge of the Supreme Court.

Application for leave to proceed

(2) A person who is the subject of an order under subsection (1) may seek leave to commence or continue a proceeding by making an application to the Supreme Court.

Leave to proceed

(3) Where an application for leave is made under subsection (2),

(a) leave shall be granted only if the judge hearing the application is satisfied that the proceeding sought to be commenced or continued is not an abuse of process and that there are reasonable grounds for the proceeding;

(b) the person making the application for leave may seek the rescission of the order made under subsection (1) but may not seek any other relief on the application;

(c) the judge hearing the application may rescind the order made under subsection (1); and

(d) no appeal lies from a refusal to grant relief to the applicant.

Abuse of process

(4) Nothing in this section limits the authority of a court to stay or dismiss a proceeding as an abuse of process or on any other ground. SNWT 2005, c.13,s.2.

COURT OF APPEAL

Establishment of Court of Appeal

15.

(1) An appellate court for the Northwest Territories called the Court of Appeal for the Northwest Territories is established.

Powers and jurisdiction

(2) The Court of Appeal is a superior court of record and has all the powers and jurisdiction in relation to matters arising in the Northwest Territories possessed by the Court of Appeal for the Territories as it existed immediately before March. 15, 1971. SNWT 2012,c.16,s.8.

Composition of Court of Appeal

16.

(1) The Court of Appeal shall be composed of a Chief Justice and the other justices of appeal that are appointed by the Governor in Council from among the judges and supernumerary judges of the Court of Appeal of Alberta, the judges of the Court of Appeal for Saskatchewan, and the judges of the Supreme Court and the ex officio judges of the Supreme Court of the Northwest Territories.

Oath of office

(2) Every judge of the Court of Appeal shall, before assuming the duties of office of a judge of the Court of Appeal, take and subscribe before a judge of the Court of Appeal, the Commissioner or a person appointed by the Commissioner for that purpose, the following oath: I, ..............., solemnly and sincerely promise and swear that I will duly and faithfully and to the best of my skill and knowledge, execute the powers and trusts reposed in me as one of the judges of the Court of Appeal. So help me God.

Where Chief Justice unable to act

(3) The senior puisne judge among the judges appointed has and may exercise and perform the powers and functions of the Chief Justice of the Court of Appeal where the Chief Justice is ill or unable to act or the office is vacant.

Presiding judge

(4) The Chief Justice of the Court of Appeal shall preside at any sittings of the Court of Appeal at which the Chief Justice is present and shall appoint another judge of the Court of Appeal to preside at any sittings of the Court of Appeal at which the Chief Justice is not present. SNWT 1997,c.3,s.2(3); SNWT 1999, c.6,s.4.

Meetings of judges of Court of Appeal

16.1.

The judges of the Court of Appeal may meet, on a day fixed by the Chief Justice of the Court of Appeal, to consider the operation of this Act and the rules made under section 20, and to consider the administration of justice generally. SNWT 1997, c.3,s.2(4).

Judge unable to continue

16.2.

Where any of the following occurs with respect to a judge who has heard a matter with two or more other judges, while the judgment of the matter is still pending, the remaining judges may, if unanimous in their decision, give judgment on behalf of the Court of Appeal:

(a) the judge is transferred to another court;

(b) the judge resigns from office;

(c) the judge dies;

(d) the judge is absent through illness or other cause;

(e) the judge is unable to act for any other reason.

SNWT 2023,c.16,s.2.

Judgment by former judge

16.3.

A judge who ceases to hold office may, within six months after ceasing to hold office, give judgment in the matter previously heard and completed before the judge as if the judge had not ceased to hold office. SNWT 2023,c.16,s.2.

Sittings

17.

(1) The Court of Appeal may sit in the Northwest Territories or in the Province of Alberta.

Quorum

(2) Three judges of the Court of Appeal constitute a quorum. SNWT 2012,c.16,s.7.

Appointment of Registrar and other officers

18.

(1) The Commissioner shall appoint the Registrar of the Court of Appeal and any other officers, clerks and employees that are necessary for the operation of the Court of Appeal.

Deputy Registrar

(2) The Clerk is, by virtue of his or her office, a Deputy Registrar of the Court of Appeal and may exercise and perform the powers and functions that may be determined from time to time by the Chief Justice of the Court of Appeal. SNWT 2012, c.16,s.9.

Notice of appeal

19.

Unless otherwise specified in any other statute or Act, notice of an appeal to the Court of Appeal shall be given within 30 days,

(a) in the case of a judgment, after the formal judgment or order has been signed, entered and served,

(b) in the case of an order, after the order has been signed, issued and served,

(c) in the case of a direction, after the judgment or order found on it has been signed, entered or issued, and served, and

(d) in the case of a finding or verdict, after the judgment or order found on it has been signed, entered or issued, and served,

or within a further time that the judge who made it, or a judge of the Court of Appeal, may allow.

Rules of the Court of Appeal

20.

(1) The judges of the Court of Appeal may make rules in relation to the practice and procedure of and in the Court of Appeal on appeals under this Act or any other Act.

Substantive law

(2) Subject to any other enactment, the rules described in subsection (1) may alter or conform to the substantive law.

Rules to be followed

(3) Subject to this and any other Act, the rules described in subsection (1) shall be followed in all causes and matters in the Court of Appeal.

Current rules valid

(4) The rules made by the Court of Appeal, as they read immediately before this section comes into force, are validated notwithstanding that any provision of the rules may affect substantive rights. SNWT 2003,c.12,s.3(2).

Vexatious proceedings

21.

(1) If a judge of the Court of Appeal is satisfied, on application, that a person has, in any court, persistently and without reasonable grounds commenced vexatious proceedings or conducted proceedings in a vexatious manner, the judge may order,

(a) that the person may not commence a proceeding in the Court of Appeal without leave of a judge of the Court of Appeal; or

(b) that a proceeding previously commenced by the person in the Court of Appeal may not be continued without leave of a judge of the Court of Appeal.

Application for leave to proceed

(2) A person who is the subject of an order under subsection (1) may seek leave to commence or continue a proceeding by making an application to the Court of Appeal.

Leave to proceed

(3) Where an application for leave is made under subsection (2),

(a) leave shall be granted only if the judge hearing the application is satisfied that the proceeding sought to be commenced or continued is not an abuse of process and that there are reasonable grounds for the proceeding;

(b) the person making the application for leave may seek the rescission of the order made under subsection (1) but may not seek any other relief on the application;

(c) the judge hearing the application may rescind the order made under subsection (1); and

(d) no appeal lies from a refusal to grant relief to the applicant.

Abuse of process

(4) Nothing in this section limits the authority of a court to stay or dismiss a proceeding as an abuse of process or on any other ground. SNWT 2005, c.13,s.3.

SNWT 2012,c.16,s.10.

RULES OF LAW AND EQUITY

Rules of law

22.

In every cause or matter that is considered by any court, law and equity shall be administered by the court according to the rules contained in sections 23 to 32. SNWT 2012,c.16,s.11.

Claim by plaintiff or petitioner on equitable or legal right

23.

Where a plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief on any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by a defendant or respondent in such cause or matter, or to any relief founded on a legal right, a court shall give to the plaintiff or petitioner the relief that would be given by the High Court of Justice in England in a suit or proceeding for the same or a similar purpose.

Defence to claim for relief

24.

Where a defendant claims to be entitled to any equitable estate or right, or to relief on any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by a plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to a claim of the plaintiff in such cause or matter, a court shall give to every equitable estate, right or ground of relief so claimed, and to every ground of equitable defence so alleged such and the same effect by way of defence against the claim of the plaintiff or petitioner as the High Court of Justice in England would give if the same or similar matters had been relied on by way of defence in any suit or proceedings commenced in that court for the same or a similar purpose.

Claim by defendant against plaintiff or third party

25.

(1) A court may grant to a defendant, in respect of any equitable estate or right or other matter of equity and in respect of any legal estate, right or title claimed or asserted by a defendant,

(a) all relief against any plaintiff or petitioner that the defendant has properly claimed by his or her pleading and as a court might have granted in a suit commenced for that purpose by the same defendant against the same plaintiff; and

(b) all relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether or not already a party to the same cause or matter, who has been duly served with notice in writing of the claim under this Act or any order of the court as might properly have been granted against that person if that person had been made a defendant to a cause duly commenced by the same defendant for the like purpose.

Deeming provision

(2) Every person served with the notice referred to in paragraph (1)(b) shall from that time onward be deemed to be a party to the cause or matter with the same rights in respect of the defence against the claim as if he or she had been duly sued in the ordinary way by the defendant.

Recognition of equitable estates, etc.

26.

A court shall recognize and take notice of all equitable estates, titles and rights and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the High Court of Justice in England would recognize and take notice of them in any suit or proceeding duly commenced in that court.

Granting of remedies

27.

A court in the exercise of its jurisdiction in every cause or matter pending before it has power to grant and shall grant either absolutely or on reasonable terms and conditions that it considers just, all remedies that any of the parties may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in the cause or matter, so that as far as possible all matters so in controversy between the parties respectively may be completely and finally determined and all multiplicity of legal proceedings concerning those matters avoided.

Relief against penalties and forfeitures

28.

Subject to appeal as in other cases, a court has power to relieve against all penalties and forfeitures and in granting that relief to impose terms as to costs, expenses, damages, compensation and all other matters that the court considers just. SNWT 2012,c.16,s.13.

Restraint on cause or matter by prohibition or injunction

29.

(1) No cause or matter at any time pending in a court shall be restrained by prohibition or injunction but every matter of equity in which an injunction against the prosecution of any such cause or matter might have been obtained in England immediately before the passing of the Supreme Court of Judicature Act, 1873 (U.K.) either unconditionally or on any terms or conditions, may be relied on by way of defence to the cause or matter.

Stay of proceedings

(2) Notwithstanding subsection (1), nothing in this Act shall be construed as preventing a court from directing a stay of proceedings in any cause or matter pending before it if it consider just and any person, whether or not a party to the cause or matter who would have been entitled in England, immediately before the passing of the Supreme Court of Judicature Act, 1873 (U.K), to apply to a court to restrain the prosecution of the cause or matter, or who may be entitled to enforce by attachment or otherwise any judgment, contrary to which all or any part of the proceedings in the cause or matter may have been taken, may apply to the Supreme Court by motion in a summary way for a stay of proceedings in the cause or matter, either generally or so far as may be necessary for the purpose of justice, and the Supreme Court shall thereupon make the order that it considers just. SNWT 2012,c.16,s.13.

Relief of mortgagor in

30.

When

(a) default is made in payment of money due under a mortgage, whether made before, on or after March 15, 1971, or in the observance of a covenant contained in the mortgage, and

(b) under the terms of the mortgage by reason of the default the payment of other portions of the principal money is accelerated and those portions become presently due and payable,

the mortgagor may, notwithstanding any provision in the mortgage to the contrary and at any time before sale or before the grant of a final order of foreclosure, perform the covenant or pay the arrears that are in default, with costs to be taxed, and the mortgagor shall thereupon be relieved from immediate payment of so much of the money secured by the mortgage as may not have become due and payable by lapse of time.

Relief of purchaser in

31.

When

(a) default has occurred in making any payment due under an agreement for sale, whether made before, on or after March. 15, 1971, of land or in the observance of any covenant contained in the agreement, and

(b) under the terms of the agreement by reason of the default the payment of other portions of the money is accelerated and those portions become presently due and payable,

the purchaser may, notwithstanding any provision in the agreement to the contrary and at any time before final judgment in an action brought to enforce the rights of the vendor, perform the covenant or pay the arrears that are in default, with costs to be taxed, and the purchaser shall thereupon be relieved from immediate payment of so much of the money as may not have become due and payable by lapse of time.

Amendment of pleadings in certain cases

32.

Where an action is brought to enforce any legal or equitable right, the court may permit the amendment of any pleading or other proceeding in respect of that action on terms as to costs or otherwise that it considers just notwithstanding that, between the time of the issue of the statement of claim and the application for amendment, the right of action would, but by reason of action brought, have been barred by any statute or Act, if the amendment does not involve a change of parties other than a change caused by the death of one of the parties.

Rules of law and equity on certain matters

33.

The law to be administered in the Northwest Territories in respect of the matters referred to in sections 34 to 50 are set out in those sections. SNWT 2012,c.16,s.14.

Breach of trust

34.

No claim of a beneficiary against his or her trustee for any property held on an express trust or in respect of any breach of that trust shall be held to be barred by any Act limiting the time within which any cause or matter may be commenced. SNWT 2012,c.16,s.15.

Equitable waste

35.

An estate for life without any impeachment of waste shall not confer or be deemed to have conferred on the tenant for life any legal right to commit waste of the description known as equitable waste unless an intention to confer that right expressly appears by the instrument creating the estate.

Merger

36.

There shall not be any merger by operation of law only of any estate the beneficial interest in which would not be deemed to be merged or extinguished in equity.

Suit by mortgagor for rents and profits

37.

A mortgagor entitled for the time being to the possession or receipt of the rents and profits of land as to which no notice of intention to take possession or to enter into the receipt of the rents and profits of that land has been given by the mortgagee, may sue for that possession, or sue or distrain for the recovery of those rents or profits or to prevent or recover damages in respect of any trespass or other wrong relative thereto, in his or her own name only unless the cause of action arises on a lease or other contract made by him or her jointly with any other person and in that case he or she may sue or distrain jointly with that other person.

Disputed assignment of debt or other chose in action

38.

Where an assignment of a debt or other chose in action is made and the debtor, trustee or other person liable in respect of the debt or chose in action has had notice that the assignment is disputed by the assignor or anyone claiming under the assignor, or of any other opposing or conflicting claim to the debt or chose in action, the debtor, trustee or such other person may

(a) call on the several disputing and claiming persons to interplead concerning the debt or chose in action; or

(b) pay the amount of the debt or chose in action into court under and in conformity with the Trustee Act.

Construction of time stipulations in contracts

39.

Stipulations in contracts as to time or otherwise that would not in England, before the passing of the Supreme Court of Judicature Act, 1873 (U.K.), have been deemed to be or to have become of the essence of those contracts in a court of equity shall receive in the court the same construction and effect as they would have received in equity.

Effect of part performance

40.

Part performance of an obligation, either before or after a breach of that obligation, when expressly accepted by the creditor in satisfaction or rendered in pursuance of an agreement for the purpose, though without any new consideration, shall be held to extinguish the obligation.

Interlocutory mandamus or injunction

41.

(1) A mandamus or an injunction may be granted or a receiver appointed by an interlocutory order of a court in all cases in which it appears to the court to be just or convenient that the order should be made and if an injunction is asked, either before or at or after the hearing of any cause or matter to prevent any threatened or apprehended waste or trespass, the injunction may be granted if the court considers it just

(a) whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise or, if out of possession, does or does not claim a right to do the act sought to be restrained under any colour of title; and

(b) whether or not the estates claimed by both or by either of the parties are legal or equitable.

Terms and conditions of order

(2) The interlocutory order referred to in subsection (1) may be made either unconditionally or on terms and conditions that the court considers just. SNWT 2012,c.16,s.17.

Damages where injunction or

42.

Where a court has jurisdiction to entertain an application for

(a) an injunction against a breach of any covenant, contract or agreement or against the commission or continuance of any wrongful act, or

(b) the specific performance of any covenant, contract or agreement,

the court may, if it considers it just award damages to the party injured either in addition to or in substitution for the injunction or specific performance, and the damages may be ascertained in the manner that the court may direct, or the court may grant other relief that it considers just. SNWT 2012,c.16,s.18.

Orders of court as against purchasers

43.

An order of a court under the authority of an Act or otherwise shall not, as against a purchaser, whether with or without notice, be invalidated on the ground of want of jurisdiction or of want of any concurrence, consent, notice or service.

Minors

44.

In all questions relating to the custody and education of minors, the rules of equity prevail.

Rules of equity

45.

When there is any conflict or variance between the rules of equity and common law with reference to the same matter, the rules of equity prevail.

Wages of minors

46.

A minor may sue for wages in the same way as if he or she were of full age. SNWT 2012,c.16,s.19.

Negligence of employee

47.

It is not a good defence in law to any action against an employer, or the successor or legal representative of an employer, for damages for the injury or death of an employee of the employer, that the injury or death resulted from the negligence of an employee engaged in a common employment with the injured employee, notwithstanding any contract or agreement to the contrary.

Declaratory judgments or orders

48.

No action or proceeding is open to objection on the ground that a merely declaratory judgment or order is sought thereby, and a court may make binding declarations of right whether or not any consequential relief is or can be claimed.

Effect of giving time to principal debtor

49.

The giving of time to a principal debtor, or the dealing with or altering the security held by a principal creditor, does not of itself discharge a surety or guarantor, and in such cases, a surety or guarantor, insofar only as the surety or guarantor shows that he or she was thereby prejudiced, is entitled to set up the giving of time or dealing with or alteration of the security as a defence.

Power of court to order sale of real estate

50.

When in any cause or matter relating to real estate or any interest therein, it appears necessary or expedient that the real estate or interest or any part of it should be sold, the court may order it to be sold, and any party bound by the order and in possession of the real estate or interest, or in receipt of the rents or profits of it, shall deliver up the possession or receipt to the purchaser or other person that may be thereby directed.

AMENDMENTS TO THE COMMON LAW

Independent spousal personality

51.

(1) For all purposes of the law of the Northwest Territories, a married man has a legal personality that is independent, separate and distinct from that of his wife and a married woman has a legal personality that is independent, separate and distinct from that of her husband.

Capacity of married person

(2) A married person has and shall be accorded legal capacity for all purposes and in all respects as if the person were unmarried.

Idem

(3) Without limiting the generality of subsections (1) and (2),

(a) each of the parties to a marriage has the same right of action in tort against the other as if they were not married;

(b) a married woman is capable of acting as guardian ad litem or next friend as if she were an unmarried woman; and

(c) a married woman is capable of acquiring a domicile independent from that of her husband and the same rules shall be applied to determine the domicile of a married woman as for a married man.

Limitation

(4) Paragraph (3)(a) does not apply where the cause of action arose before April 17, 1985.

Purpose of subsections (1) and (2)

(5) The purpose of this section is to make the same law apply, and apply equally, to married men and married women and to remove any difference resulting from any common law rule or doctrine.

Construction

(6) Subsections (1) and (2) shall be construed in a way that furthers their purpose. SNWT 2012, c.16,s.7,20.

Domicile of minor

52.

(1) Subject to subsection (2), the domicile of a person who is a minor is

(a) the domicile of the parents of the minor, where the minor habitually resides with both parents and the parents have a common domicile;

(b) the domicile of the parent with whom the minor habitually resides, where the minor habitually resides with one parent only;

(c) the domicile of the person with whom the minor resides, where that person is not a parent but has lawful custody of the minor; or

(d) the jurisdiction with which the minor has the closest connection, where the domicile cannot be determined under paragraph (a), (b) or (c).

Domicile where minor a spouse

(2) The domicile of a minor who is or has been a spouse shall be determined in the same manner as if the minor were an adult.

Action for seduction

53.

No action shall be brought for seduction.

Abolition of distinction

54.

For all purposes, any distinction at common law between the status of a child born in wedlock and born out of wedlock is abolished and the relationship of parent and child and kindred relationships flowing from that relationship shall be determined in accordance with Part I of the Children’s Law Act. SNWT 1998,c.17,s.17.

INTEREST

Definition: "prime rate"

55.

In sections 56 to 56.2, "prime rate" means the rate of interest published on the website of the Bank of Canada, or printed in the Bank of Canada Review previously published by the Bank of Canada, as the "prime rate", the "prime business rate" or a similar term. SNWT 2019,c.21,s.5(2).

Prejudgment interest

56.

(1) Subject to section 56.2, a person who is entitled to a judgment for the payment of money is entitled to claim and have included in the judgment an award of interest on the money calculated,

(a) where the judgment is given on a liquidated claim, from the day the cause of action arose to the day of the judgment; or

(b) where the judgment is given on an unliquidated claim, from the day the person entitled gave notice in writing of his or her claim to the person liable for the claim to the day of the judgment.

Rate of prejudgment interest

(2) The rate of interest under subsection (1) is calculated as follows:

January 1 of that year;

(b) for the last six months of a year, the rate of interest is the prime rate as at July 1 of that year.

Special damages

(3) Where a judgment includes an amount for special damages, the interest on that amount to be included in the judgment pursuant to subsection (1) shall be calculated on the total of the special damages incurred as totalled

(a) at the end of the period commencing with the giving of the notice in writing referred to in paragraph (1)(b) and ending with whichever of January 1 or July 1 first follows;

(b) at the end of each subsequent six-month period; and

(c) at the day of the judgment.

Prejudgment interest not payable

(4) Interest shall not be awarded under this section

(a) on exemplary or punitive damages;

(b) on interest accruing under this section;

(c) on an award of costs in the action;

(d) on that part of the judgment that represents pecuniary loss arising after the day of the judgment and that is identified by a finding of the court;

(e) on a judgment given on consent, unless the judgment debtor consents to the award of interest; or

(f) where interest is payable by a right other than under this section.

SNWT 1995,c.5,s.2; SNWT 2019,c.21,s.5(3); SNWT 2023,c.7,s.22.

Post-judgment interest

56.1.

(1) An unsatisfied judgment bears interest from the later of the day the judgment is pronounced and the day money is payable under the judgment, notwithstanding that the entry of the judgment has been postponed by an appeal or another proceeding.

Rate of post-judgment interest

(2) The rate of interest payable under subsection (1) is calculated as follows: January 1 of that year;

(b) for the last six months of a year, the rate of interest is the prime rate as at July 1 of that year.

SNWT 1995,c.5,s.2; SNWT 2019,c.21,s.5(3).

Discretion of judge

56.2.

Where a judge considers it to be just to do so in all the circumstances, he or she may, in respect of the whole or any part of the amount for which judgment is given,

(a) disallow interest under section 56 or 56.1;

(b) fix a rate of interest higher or lower than the prime rate; or

(c) fix a day other than the day determined under subsection 56(1) or 56.1(1) from which interest is to run.

SNWT 1995, c.5,s.2; SNWT 2019,c.21,s.5(3).

Capitalized value of award

57.

(1) The rate of interest to be used in determining the capitalized value of an award in respect of future pecuniary damages, to the extent that it reflects the difference between estimated investment and price inflation rates, is 2.5% per year.

Amendment of rate

(2) The rate set out in subsection (1) may be amended from time to time by an amendment to the Rules of the Supreme Court under subsection 60(1). SNWT 2014,c.31,s.6.

TENDER OF AMENDS

Tender of amends

58.

A person who has committed a wrong giving a cause of action for the recovery of damages to the person wronged may, at any time before the action is commenced, tender amends and the tender has the same effect as a tender in an action for the recovery of a debt.

QUESTIONING VALIDITY

OF ENACTMENT

Definition: "enactment"

59.

(1) In this section, "enactment" includes an Act, regulation, order, order in council, ordinance and any other statutory instrument made by or under the authority of Her Majesty, the Parliament of Canada, the Parliament of the United Kingdom, the Governor General, the Governor in Council, a minister, the Legislature or the Commissioner.

Notice where validity of enactment questioned

(2) When in an action or other proceeding the validity of an enactment of the Northwest Territories or of Canada is brought in question, the enactment shall not be held to be invalid unless notice has been given to the Commissioner or the Attorney General of Canada, or both, as the case may require or as the Supreme Court may direct.

Content of notice

(3) The notice referred to in subsection (2) shall

(a) specify the enactment alleged to be invalid and the grounds on which the enactment is alleged to be invalid; and

(b) be served on the Commissioner or the Attorney General of Canada, or both, as the case may require or as the Supreme Court may direct, not less than 14 days before the date fixed by the Supreme Court for the determination of the question, together with a copy of the pleadings in the case and any other material that has been filed in the Supreme Court or submitted in evidence.

Right to be heard

(4) The Commissioner and the Attorney General of Canada are entitled as of right to be heard, either in person or by counsel in any action or other proceeding to which this section applies.

Deeming provision

(5) Where the Commissioner or the Attorney General of Canada appears in person or by counsel in any action or other proceeding to which this section applies, the Commissioner or the Attorney General of Canada shall be deemed to be a party to the action or proceeding and, for the purpose of an appeal from a decision of the Supreme Court respecting the validity of an enactment, has the same rights as any other party. SNWT 2012,c.16,s.7.

RULES OF THE SUPREME COURT

Rules of the Supreme Court

60.

(1) The judges may, with the approval of the Commissioner, make rules in relation to the practice and procedure of and in the Supreme Court in all civil proceedings.

Substantive law

(2) Subject to any other enactment, the rules described in subsection (1) may alter or conform to the substantive law.

Rules to be followed

(3) Subject to this and any other Act, the rules described in subsection (1) shall be followed in all causes and matters in the Supreme Court.

Current rules valid

(4) The rules made by the Supreme Court, as they read immediately before this section comes into force, are validated notwithstanding that any provision of the rules may affect substantive rights. S.N.W.T 1995, c.6,s.4; SNWT 2003,c.12,s.3(3).

CLERK OF THE SUPREME COURT

Clerk of the Supreme Court

61.

The Commissioner shall appoint a Clerk of the Supreme Court.

Duties

62.

The Clerk shall

(a) attend at his or her office and keep it open between the hours of 9:30 a.m. and 12 noon, and 1:00 p.m. and 4:00 p.m. on all days except Saturdays, Sundays, holidays and days on which the Clerk, and other officers employed in the public service, are on mandatory leave;

(b) on application of any person by that person, his or her solicitor or agent

(i) receive all complaints and other papers required to be filed in the Supreme Court,

(ii) issue all statements of claim, warrants, precepts, writs of execution and other documents rendered necessary or requisite for the effectual disposition of all causes and matters before the Supreme Court, and

(iii) tax costs with respect to causes and matters in the Supreme Court, enter judgments of the Supreme Court and record all judgments pronounced, given or made by the Supreme Court;

(c) keep an account of all fines, fees and moneys payable or paid to the Clerk or into Supreme Court and enter all such amounts in proper books in which shall be entered regularly under separate headings all the proceedings taken in any action, all money received and paid out and the persons to whom and by whom the same have been paid, which books shall be accessible at all times to the public; and

(d) attend all trials before a judge unless his or her attendance is dispensed with by the judge.

SNWT 1997,c.3,s.2(5); SNWT 2012,c.16,s.23; SNWT 2025,c.2,s.3.

Appointment in absence of Clerk

63.

In the absence of the Clerk, a judge may appoint a suitable person to perform the duties specified in section 62.

Powers of judge

64.

A judge has by virtue of his or her office all the powers of the Clerk throughout the Northwest Territories. SNWT 2012,c.16,s.7.

Transfer of books, etc. after resignation, removal or death of Clerk

65.

art. All books, accounts, records, papers, writs, processes, documents and moneys and other matters and things in the possession or under the control of the Clerk by virtue of or appertaining to his or her office as Clerk are the property of the Government of the Northwest Territories and they shall be handed over by the party in whose possession or control they may come or happen to be, to and taken possession of by the successor in office of the Clerk or the person that a judge may appoint to receive them immediately on the resignation, removal from office or death of the Clerk.

Prohibition against practising as barrister or solicitor

66.

No Clerk while holding office shall practise as a barrister or solicitor.

SHERIFF

Appointment and general duties

67.

The Commissioner shall appoint a Sheriff who shall discharge all the duties connected with the office of Sheriff and such other duties assigned to the Sheriff, or that appertain to the office of Sheriff, by law.

Hours of business

68.

The Sheriff shall keep his or her office open on the days and during the hours that the office of the Clerk is required to be kept open under paragraph 62(a).

Fee book

69.

The Sheriff shall keep a daily record of all fees and emoluments received by the Sheriff by virtue of his or her office showing separately the fees received for each service performed and further facts and information that the Supreme Court may require.

Inspection of records

70.

The Sheriff shall keep in his or her office, open to the inspection of any person, the following books, namely,

(a) process books in which shall be entered a memorandum of every process received by the Sheriff, other than writs of execution or writs in the nature of writs of execution, the Supreme Court out of which the process was issued, the date of receipt, the nature of the process, the names of the parties to the process, the barrister, solicitor or other person at whose request the process was issued, the date of the return and the nature of the return made to it or what was done thereunder or therewith; or

(b) execution books for goods and lands respectively in which shall be entered a memorandum of every writ of execution or writ in the nature of a writ of execution, the Supreme Court out of which the writ was issued, the names of the parties to the writ, the barrister, solicitor or other person at whose request the writ was issued, the date of return and the nature of the return made to it or what was done thereunder or therewith; and

(c) a cash book in which shall be entered all cash, received or paid out by the Sheriff in his or her official capacity or in connection with his or her office for any service for fees, poundage, service of process and papers, attendance at Supreme Court, moneys levied under execution or under writs in the nature of writs of executions or otherwise, the date of receipt or payment and the cause, matter or service in which or on account of which the cash was received or paid out.

Transfer of books, etc. after resignation, removal or death of Sheriff

71.

All books, accounts, records, papers, writs, warrants, processes, moneys and other matters and things in the possession or under the control of the Sheriff by virtue of or appertaining to his or her office as Sheriff are the property of the Government of the Northwest Territories and shall be handed over by the party in whose possession or control they may come or happen to be, to and taken possession of by the successor in office of the Sheriff or the person that a judge may appoint to receive them immediately on the resignation, removal from office or death of the Sheriff.

Unauthorized holding of books and other things

72.

Except as authorized by this Act, no person shall take, have in possession or hold any books, accounts, records, papers, writs, warrants, processes, moneys or other matters or things referred to in section 71 and any person having or holding any such things shall, without delay, on demand deliver them over to the person entitled to them and every person who neglects or refuses so to do is guilty of an offence punishable on summary conviction.

Sale of lands where Sheriff dies, resigns, is disabled or is removed

73.

In the case of the death, resignation, disability or removal of the Sheriff after the Sheriff has made a sale of lands but before the Sheriff has made a transfer of the lands to the purchaser, the transfer shall be made by the person who is lawfully executing the duties of the Sheriff at the time when the deed of conveyance is made.

Execution against lands after Sheriff out of office

74.

When the Sheriff ceases to hold office or becomes disabled during the currency of a writ of execution against lands and before the sale of those lands, the writ shall be executed and the sale and transfer of the lands shall be made by his or her successor in office or by the person who is lawfully performing the duties of the Sheriff.

Application

75.

(1) Subsection (2) does not apply to an execution creditor.

Prohibition against purchaser

(2) No person shall, directly or indirectly, purchase any goods or chattels, lands or tenements by him or her exposed to sale under execution.

Damages for wilful misconduct

76.

Where a person entrusted with the execution of any writ, warrant, process, mesne or final, wilfully misconducts himself or herself in the execution of the writ, warrant or process or wilfully makes any false return to the writ, warrant or process, he or she is answerable in damages to any party aggrieved by that misconduct or false return.

Duty of officer or clerk of Sheriff

77.

(1) The officer or clerk of the Sheriff entrusted with the custody of any writ or process or of any book, paper or document belonging to the Sheriff or the office of the Sheriff shall on demand made to him or her by the Sheriff restore and return the writ, process, book, paper or document to the custody of the Sheriff.

Neglect or refusal to perform duty

(2) In the case of any neglect or refusal to return or restore the writ, process, book, paper or document referred to in subsection (1), the person neglecting or refusing may be required by an order of the Supreme Court to return and restore the writ, process, book, paper or document to the Sheriff and, if he or she disobeys the order, may be further proceeded against by attachment as in other cases of disobedience to orders of the Supreme Court.

Recovery of possession of writs, warrants, processes

78.

(1) Where an officer of the Sheriff has in his or her possession, custody or control any writ of summons, fieri facias or any bench warrant or process and on demand made by the Sheriff from whom it was received, his or her successor in office or any other party entitled to its possession, neglects or refuses to deliver it up, the Sheriff, his or her successor in office or the party entitled to its possession may proceed by summons and order before any judge to compel the production of it.

Enforcement or discharge of order

(2) The order referred to in subsection (1) may be enforced in the same manner as like orders for the return of writs against sheriffs, with or without costs, or discharged with costs against the party applying, in the discretion of the judge.

Prohibition against practising as barrister or solicitor

79.

No Sheriff while holding office shall practise as a barrister or solicitor.

OFFICERS

Appointment of officers

80.

The Commissioner shall appoint officers, for the appointment of whom there is no other provision in this Act, that are necessary for the due administration of justice and the dispatch of business of any court and may, subject to the Rules of the Supreme Court, determine their duties and fix their remuneration and expenses incurred in the performance of their duties.

Oath

81.

(1) Every officer appointed under this Act shall, before entering on the duties of his or her office, take and subscribe the following oath: I, ............ of ............ solemnly swear that I will according to the best of my skill, learning, ability and judgment, well and faithfully execute and fulfill the duties of the office of ............ without favour or affection, prejudice or partiality to any person. So help me God.

Administra- tion of oath

(2) The oath referred to in subsection (1) shall be administered by a judge, territorial judge or justice of the peace and shall be filed in the office of the Deputy Minister of the Department of Justice.

COSTS OF COMMISSIONER

Costs of Commissioner

82.

In any proceeding to which the Commissioner is a party, costs adjudged to the Commissioner shall not be disallowed or reduced on taxation merely because the solicitor or the counsel who earned the costs, or in respect of whose services the costs are charged,

(a) was a salaried officer of the Government of the Northwest Territories performing those services in the discharge of his or her duty and remunerated for that by his or her salary, or

(b) was for that or any other reason not entitled to recover any costs from the Commissioner in respect of the services rendered,

and the costs recovered by or on behalf of the Commissioner in any such case shall be paid into the Consolidated Revenue Fund.

Regulations

83.

(1) The Commissioner, on the recommendation of the Minister, may make regulations respecting

(a) fees payable to, and reimbursement for the expenses of, the Sheriff, and interpreters, witnesses and other persons who provide services to a court or to parties, in the course of a court process; and

(b) fees payable in respect of civil and criminal matters.

Consultation with Supreme Court

(2) The Minister shall consult with the Supreme Court before recommending that the Commissioner make regulations respecting fees. SNWT 2012, c.16,s.24.