Can a lis pendens be filed under s. 48(1) and (2) of The Queen’s Bench Act?
Saskatchewan, Canada
The following excerpt is from Canadian Imperial Bank of Commerce v. Ramsay, 1973 CanLII 872 (SK QB):
The only judicial support which I could find for the view I take on this issue is Foster v. Moore (1886), 11 P.R. 447. In that case Ferguson J. held that an action similar in nature to the proceedings under The Fraudulent Preferences Act brought title to land in question and that on the basis of legislation similar to that contained in s. 48(1) and (2) of The Queen’s Bench Act a lis pendens could be filed, and he refused an order for vacating such filing.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the implications of the new Queen’s Bench Rules for summary judgment applications? (Saskatchewan, Canada)
What is the test for adding a defendant to a claim under s. 44 of The Queen’s Bench Act? (Saskatchewan, Canada)
Does the Queen have a discretionary power to stay proceedings in a criminal case for abuse of process? (Saskatchewan, Canada)
Can an adjudicator extend or waive the time limit for filing an appeal? (Saskatchewan, Canada)
What is the case law in which a head-note is used to justify a respondent's decision not to file a cross petition? (Saskatchewan, Canada)
What is the test for filing a petition for desertion within five months of the desertion? (Saskatchewan, Canada)
What is the effect of having to file an affidavit before a motion is granted? (Saskatchewan, Canada)
Is King’s Bench Rule 684 the same as English Marginal Rule 989? (Saskatchewan, Canada)
What is the effect of a defendant filing a draft order of directions in a third party action? (Saskatchewan, Canada)
Is an affidavit filed in breach of the requirements of the Rules of Civil Procedure requiring strict compliance? (Saskatchewan, Canada)
