Does a judgment in rem with respect to a claim to a interest in land stand against an interested person who was denied an opportunity to be heard?
British Columbia, Canada
The following excerpt is from The Ahousaht Indian Band et al v. The Attorney General of Canada et al, 2006 BCSC 646 (CanLII):
Canada notes that a judgment in rem with respect to a claim to an interest in land will not stand against an interested person who is not afforded an opportunity to be heard. (see Coulson v. Secure Holdings Ltd., [1976] O.J. No. 1459 at ¶ 5) Canada also contends that whether or not the court grants the plaintiffs’ title claim, there will be a multiplicity of suits if the Other Bands’ Claims to the overlapping areas remain unresolved.
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