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.

Other Questions


Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
Is an opposing or interested party considered to be a party? (Alberta, Canada)
If there is no clear agency between the parties, can the parties be considered fiduciary? (Alberta, Canada)
What is the basis for the principle that a person who is not a party to the same type of accommodation as a party is entitled to a similar accommodation? (Alberta, Canada)
Does a plaintiff have to pay costs to both parties even if they have successfully sued only one party? (Alberta, Canada)
Can an agreement by the parties of Fort McMurray (City) and the Agreement of Agreement give the parties the authority to set up an enforcement board? (Alberta, Canada)
Under what circumstances will a party be permitted to enter into an agreement for sale without the consent of the other party? (Alberta, Canada)
Is a court bound by law to award costs in favour of the successful party against the unsuccessful party? (Alberta, Canada)
Does the principle of res judicata apply when one party has brought a new cause of action against the same party? (Alberta, Canada)
Is a contract between a party and party entitled to enrichment and deprivation? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.