In what circumstances will an indemnity be required to be filed before a trial?
Alberta, Canada
The following excerpt is from First National Bank of Oregon v. Watson (A.H.) Ranching, 1984 CanLII 1787 (AB QB):
In Smith v. McEachren (1868), 7 N.S.R. 299, Young, C.J., in delivering the judgment of the court, states at p. 300: "As regards the indemnity we saw no reason for requiring it to be filed at any fixed time before the trial. The loss in some cases might occur just before the trial, so it might not be discovered till after its commencement, and no wrong could be done to the defendant if he had sufficient security."
"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
In what circumstances will a plaintiff be denied a jury trial for damages that are less than the statutory threshold? (Alberta, Canada)
In what circumstances will the court exclude marihuana seized at trial? (Alberta, Canada)
Is the filing of an affidavit of records a "necessarily required step" in an action? (Alberta, Canada)
In what circumstances will a defendant be required to repay in full to a plaintiff in a personal injury action? (Alberta, Canada)
Is a motion for summary judgment a genuine issue requiring a trial? (Alberta, Canada)
Is a trial de novo required after a judge who had heard a case has died? (Alberta, Canada)
In what circumstances will a plaintiff have to rely on interpreters at trial? (Alberta, Canada)
In what circumstances will a jury allow evidence of marihuana plants to be admitted at trial? (Alberta, Canada)
In what circumstances will a plaintiff be required to plan for her long-term care home? (Alberta, Canada)
In what circumstances will an application be allowed to extend the time it takes to file a third party notice? (Alberta, Canada)
