Bill 13 (Legislature 13, Session 5)

L13 S5 6033

Alberta — Bills

No. 13 5th Session, 13th Legislature, Alberta 7 Elizabeth II, 1959 BILL 13 A Bill to ame-nd The Infants Act HON. MR. MANNING PrInted by L. S. WALL, Printer to the Queen's Most Excelhmt Majesty, Edmonton, Alborttl, 1959

Explanatory Note This Bill amends The Infants Act, being

chapter 158 of the Revised Statutes of Alberta, by adding thereto a new

section 16. The new

section makes provision for a method of making binding settlements in the case of infants claiming by guardian or next friend for injury to the infant. With respect to such settlements at the present time, there is uncertainty concerning the proper procedure to be adopted. This Bill comes into force upon assent.

BILL No. 13 of 1959

An Act to amend The Infants Act (Assented to , 19.59) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Infants A_ct, being

chapter 158 of the Revised Statutes, is amended by adding the folloviling

section im mediately aftEr

section 15: 16. (1) 'Vhere an action is maintainable on behalf of an infant in respect of an injury to the infant and the guardian or next friend of the infant acting on behalf of the infant has, either before or after the commencement of an action, agreed on a settlement of the claim or action with the person against whom the claim is made or action brought, the guardian or next friend of the infant or the person against \vhom the claim or acfion is made or brought may, on ten days' notice to the opposite party a.nd to the Public Trustee, apply, by notice of motion to a judge of the Supreme Court sitting in Chmnbers, for an order confirming the settlement. (2) 'Vhere on the application it appEars to the judge that the settlelnent is in the best interests of the infant, the judge may confirm the settlement. (3) vVhere a settlement is confirmed, the person against whom the claim is made or action brought is ipso facto discharged fron1 all further claims arising out of or in re spect of thE injrlry to the infant.

(4) On the application for a confirmation of a settle ment, the judge may order that the money from the settle- 111ent or a specific portion thereof be paid into the Court 01' distributed as he deems best in the inrerests of the infant. 2. This Act comes into force on the day upon which it is assented to.

No. 13 FIFTH SESSION THIRTEENTH LEGISLATURE 7 ELIZABETH II 1959 BILL

An Act to amend The Infants Act Received and read the First time Second time .. rrhird time.. . .................................. . HON. l\1:R. MANNING Title: 1959 (13th, 5th) Bill 13,

An Act to amend The Infants Act

Document details

Collection	Alberta — Bills
Citation	L13 S5 6033
Type	bill
Volume / chapter	L13 S5 6033
Language	en
Format	json
Source	PROVINCIAL
Identifier	9165a3ff7abb4130900fbfba0a22c99beb8dd501

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