Bill 81 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 81 the District Courts Amendment Act, 1972 the Attorney General (Legislature 17, Session 1)

L17 S1 5062

Alberta — Bills

1972 Bill 81 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 81 The District Courts Amendment Act, 1972 THE ATTORNEY GENERAL First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading ...................... . Third Reading .............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 81 1972 THE DISTRICT COURTS AMENDMENT A'CT, 1972 (Assented to , 1972) HER MAJESTY, by and with the advjlce and consent of the L€,gis'Tative Assemhly of Alberta, ena:cts as f<YHows: 1. The District Court,s Act is hereby amended.

Section 4, clause (

a) is amended by striking out the word "six" and by substituting there.for the word "nine". 3. Sections 27 and 28 are struck out.

Section 30 is amended by adding the following sub sections after subsection (2):

(3) No a'Ction shall be declared a nullity or be required to be recommenced by reason only of having been com menced in the wrong judicial district. ( 4) Where an action has been ,commenced in the wrong judicial district, a judge having jurisdiction in the judicial district where the action has been commenced or in the judicial district where the action ought to have been com menced pursuant to subsection (1) shall, on the application of either party, ord'er that the action be transferred to, car ried on and tried in the proper judicial distri'Ct and shall make such order regarding costs as he considers just.

Section 35 is amended by adding after subsection (1) the. following subsection:

(1.1) Where an action is commenced in the Supreme Court and (

a) at the time of its commencement the action could have been brought in the district court, or (

b) the action could not, at the time of its commence ment, have been brought in the district court but subsequently is brought within the competence of the district court,

Explanatory Notes 1. This Bill amends

chapter 111 of the Revised Statutes of Al berta 1970. '2. The number of judges in the Northern Alberta District is increased to nine. 3. These sections are no longer necessary. Sections 27 and 28 read: 27.

Where in a pr.oceeding before a district court a defence or counter claim of the defendant involves a matter beyond the jurisdiction of the court, the defence or counter,claim does no,t affect the c'ompetence or the duty of the court to dispose of the whole matter in controversy' so far as it relates to the demand of the plaintiff and the defence theret'o, but no relief exceeding that which the court has jurisdiction to ad minister ,shall be given to the defendant up·on the, counterclaim. 28.

(1) Where it appears at any time before or during the trial that the c1aim of the plain tiff is in excess of the juri,sdiction of the court, the plaintiff may, in his discreUon before or during the trial, by writ ing signed by him, and filed upon such terms as to costs and other wise as the judge deems proper, abandon so much of his claim as is in excess of the jurisdiction 'Of the court.

(2) In such a case the plaintiff forfeits the excess and is not en titled to recover it in any 'o,ther action. 4. Transfer of actions commenced in wrong judicial district. 5. Transfer of an action from Supreme Court to a district court by agreement of the parties.

the parties to the action may, by a memorandum in writing signed by all the parties to the action or their solicitors and filed with the clerk of the Supreme Court where the action was commenced, cause the action to be transferred to the district court named in the memorandum. 6·

Section 43 is amended (

a) by renumbering the

section as subsection (1), and (

b) by adding the following subsection:

(2) The jurisdiction of the Local Judges of the Supreme Court under subs'ection (1) extends to the exercise of all 'powers and authorities and perform ance of all acts and transaction of all business that may be exercised, Iperformed or transacted by the Supreme Court or a judge thereof under the Divorce Act (Canada). 7. This Act comes into force on a date to be, fixed by Proclamation. 2

6. Divorce jurisdiction given to Local Judges. 2 Title: 1972 (17th, 1st) Bill 81, The District Courts Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5062
Type	bill
Volume / chapter	L17 S1 5062
Language	en
Format	json
Source	PROVINCIAL
Identifier	5656214cd464308614630dc9924dc2dbd5c56590

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