Does the late Brown, C.J.Q. B.B.O. apply subsec. (1) of the Lis pendens section of the Rules of Civil Procedure, or is it appropriate to vacate a lis pendenens?
Saskatchewan, Canada
The following excerpt is from Closson v. Howson, 1962 CanLII 296 (SK QB):
The late Brown, C.J.Q.B. applied subsec. (1) of that section in Krell v. Krell, supra, and vacated a lis pendens because of delay in prosecution and lack of bona fides in the plaintiff’s action.
"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
Does section 43 of the Rules of Civil Procedure apply to a constructive trustee? (Saskatchewan, Canada)
Does Rule 212(1) of the Rules of Civil Procedure apply to a claim of privilege where a document is withheld from production and inspection without objection? (Saskatchewan, Canada)
What is the test for damages under Section 2 of the Rules of Civil Procedure? (Saskatchewan, Canada)
Does Section 30 of the Rules of Civil Procedure, s.30(1) of the Criminal Code, allow a delay of more than two weeks to complete a hearing? (Saskatchewan, Canada)
What is the relevant section of the Criminal Procedure and Civil Procedure Act? (Saskatchewan, Canada)
What are the principles that apply on the second ground of a claim under the Rules of Civil Procedure? (Saskatchewan, Canada)
What is the test for a motion to remove paragraph 6 of Rule 173 of the Rules of Civil Procedure? (Saskatchewan, Canada)
Does the Court of Appeal have any authority or authority to refuse to grant an amendment to the Rules of Civil Procedure or Rules of Appeal? (Saskatchewan, Canada)
What is the proper approach to Rule 38(1) of the Rules of Civil Procedure in a personal guarantee action? (Saskatchewan, Canada)
What is the limitation period under s. 314(1) of the Rules of Civil Procedure for an action brought against an urban municipality? (Saskatchewan, Canada)
