In what circumstances will a plaintiff have to renew his right to execute an execution without leave?

Saskatchewan, Canada


The following excerpt is from Stubbs v. Allen, 1934 CanLII 182 (SK CA):

In the case before us the plaintiff was in a position similar to that of the plaintiff in Holmes v. Newlands, supra. He had issued execution within the time allowed by the Rules for doing so without leave, and he had kept this execution alive by renewals. But the statutory period of 12 years was nearly completed and the (plaintiff had realized nothing under his execution. He decided, therefore, to renew his right under his judgment for a further period—the statement made in the solicitor’s affidavit makes this clear—and he instituted proceedings with a view to attaining this end.

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