What is the effect of the Conveyancing Act, 1881, on a plaintiff's ability to obtain relief against forfeiture?
Saskatchewan, Canada
The following excerpt is from Nichols & Shepard Company, Inc. v. McCullough, 1920 CanLII 189 (SK QB):
And at p. 329 (idem) the author states: In Quitter v. Mapleson (1882) 9 Q.B.D. 672, 52 L.J.Q.B. 44, it was held that the provisions of the Conveyancing Act, 1881, giving lessees, in certain events, a means of obtaining relief against a forfeiture, for certain breaches of covenant, were retrospective, so as to be available in an action of ejectment pending when it came into force, and in which judgment had been given in the Court of first instance, but in which execution had been stayed.
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