Bill ID 1436 (Legislature 15, Session 3)

L15 S3 1436

Alberta — Bills

No. Pro 16 3rd Session, 15th Legislature, Alberta 14 Elizabeth II BILL Pre 16 A Bill to Provide for the Extension of Time for Filing a Statement of Claim Beyond the Period Allowed by The Vehicles and Highway Traffic Act MR. GERHART Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

Preamble BIIIL No. Pro 16 of 1966

An Act to Provide for the Extension of Time for Filing a Statement of Claim Beyond the Period Allowed by The Vehicles and Highway Traffic Act (Assented to , 1966)

WHEREAS Arthur Harold Franks, of the City of Ed monton, in the Province of Alberta, was gravely in jured in a motor vehicle collision on or about the 8th day of January, A.D. 1965; AND

WHEREAS The Vehicles and Highway Traffic Act requires that an action for recovery for damages oc casioned by a motor vehicle must be commenced within twelve months from the time the damages were sustained; AND WHERE,AS Arthur Harold Franks commenced an action against Howard Launcelot Umphrey; AND

WHEREAS the said Howard Launcelot Umphrey was not responsible for the accident; AND

WHEREAS on the 29th day of December, A.D. 1965, the insurers of Arthur Harold Franks instituted an action in the name of Arthur Harold Franks against Samuel D. Cahoon for the damages to the motor vehicle owned by Arthur Harold Franks; AND

WHEREAS the time to bring a fresh action on behalf of Arthur Harold Franks has expired pursuant to the provisions of The Vehicles and Highway Traffic Act; AND

WHEREAS a petition has been presented by Arthur Harold Franks praying for

an Act enabling him to com mence a fresh action against Samuel D. Cahoon to recover his damages notwithstanding the expiration of one year since the damages were occasioned, and it is expedient to grant the prayer of the said Petition.

NOW THEREFORE Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Authority 1. Notwithstanding any provision of The Vehicles and ~~t:~~~n for Highway Traffic Act,

chapter 356, of the Revised Statutes, r~r t~~t1o and notwithstanding the fact that more than one year n has elapsed since the occurrence of the hereinbefore men tioned collision and injuries, the said; Arthur Harold

Limit of time for bringing applJication Coming into force Franks may apply by way of .originating Notice of Motion to a Judge of the Supreme Court of Alberta, in Chambers, and on hearing of the said Motion, the Court, having re gard to the real question in controversy, the very right and justice of the matter and all the circumstances of the case, may in its discretion enlarge the time allowed by

section 131 of The Vehicles and Highway Traffic Act for the bringing of a fresh action by the said Arthur Harold Franks against the said Samuel D. Cahoon. 2. No such application shall be made after expiration of sixty days from the coming into force of this Act. 3. This Act comes into force on the day upon which it is assented to. 2

No. Pro 16 THIRD SESSION FIFTEENTH I.:EGISLA TURE 14 ELIZ,ABETH II 1966 BILL

An Act to Provide for the Extension of Time for Filing a Statement of Claim Beyond the Period Allowed by The Vehicles and Highway Traffic Act Received and read the First time ......................................... . Second time ............ . Third time ...................................... . MR. GERHART Title: 1966 (15th, 3rd) Bill Pr16,

An Act to Provide for the Extension of Time for Filing a Statement of Claim Beyond the Period Allowed by The Vehicles and Highway Traffic Act

Document details

Collection	Alberta — Bills
Citation	L15 S3 1436
Type	bill
Volume / chapter	L15 S3 1436
Language	en
Format	json
Source	PROVINCIAL
Identifier	e3b900963629f24c4d55086f49f34869d5dd0ace

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