Bill 217 — Fourth Session, 23Rd Legislature, 45 Elizabeth Ii the Legislative Assembly of Alberta Bill 217 Law of Property Amendment Act, 1996 (Legislature 23, Session 4)

L23 S4 1188

Alberta — Bills

1996 BILL 217 Fourth Session, 23rd Legislature, 45 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 217 LAW OF PROPERTY AMENDMENT ACT, 1996 MR. RENNER First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 217 Mr. Renner BILL 217 1996 LAW OF PROPERTY AMENDMENT ACT, 1996 (Assented to , 1996) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Law of Property Act is amended by this Act. 2 The following is added after

section 40: P lace of com m encem ent and trial of action 40.1(1) Every action for foreclosure, sale under a mortgage, specific performance of a contract related to land or for the possession of land shall be commenced and tried and all related proceedings shall be heard in the judicial district in which the land is situated.

(2) When there is more than one judicial district in which an action may be commenced under subsection (1) then the action may be commenced in any one of those judicial districts.

(3) Any provision in a mortgage, agreement for sale or other document which allows for an action for foreclosure, sale under a mortgage, specific performance of a contract related to land or for the possession of land to be commenced or tried in a location other than that prescribed in this

section is against public policy and void.

(4) Notwithstanding subsection (1), after an action to which this 1

Explanatory Notes 1 Amends

chapter L-8 of the Statutes of Alberta, 1985. 1 Explanatory Notes

section applies is commenced, a party to that action may apply to the Court to have all proceedings in the action transferred to the office of the clerk of another judicial district.

(5) If the Court grants an order pursuant to an application under subsection (4) then all further proceedings in the action shall take place in that other judicial district.

(6) Notwithstanding subsection (1), the parties to an action may by agreement filed with the office of the clerk of the Court in which the action was commenced, agree to transfer the action to another judicial district after which all further proceedings shall take place in that other judicial district.

(7) When an order is granted under subsection (5) or an agreement is filed under subsection (6) the clerk of the judicial district in which the action was commenced shall transfer the court file to the office of clerk of the judicial district stipulated in the order or agreement. 3

Section 2 applies with respect to an action commenced on or after the date this Act comes into force. 4 This Act comes into force on Proclamation. 2

Title: 1996 (23rd, 4th) Bill 217, Law of Property Amendment Act, 1996 2 Explanatory Notes

Document details

Collection	Alberta — Bills
Citation	L23 S4 1188
Type	bill
Volume / chapter	L23 S4 1188
Language	en
Format	json
Source	PROVINCIAL
Identifier	493fb39b60c938a32b52ff40cbaefe99dde4930f

Source file is stored in the law ingest library (json).