Does a demand need to be made by both parties?

Alberta, Canada


The following excerpt is from Taylor v. Sarhan, 2013 ABQB 588 (CanLII):

Regardless, at this point I need not decide whether the demand was proper because it was only made by one of the creditors. If it were not, the Statement of Claim combined with the statement of defence to the third party notice would appear, in a kind of gerry-rigged manner, to satisfy the concern about a demand. That is, whether the demand is to be read as if written only on her behalf, either: (a) she has made her demand by letter, and he has made his demand in his pleading; or (b) there was no proper demand by letter– and therefore no commencement of the limitation period - until the statement of claim was issued. The failure to make a formal demand before commencing the court proceedings is not a valid defence: Alberta Opportunity Company v. Moulton, 1990 CarswellAlta 203 (C.A. 1990) at para. 56. And nothing here expressly required a formal demand.

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