Acts and Regulations

P-17.1 - Probate Court Act

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Removal of contentious proceedings to Court of King’s Bench
2023, c.17, s.209
33(1)Any contentious cause or proceeding may be removed into the Court of King’s Bench by order of a judge where, in his opinion, it is necessary or desirable so that all matters of controversy between the parties may be completely and finally determined and multiplicity of legal proceedings concerning those matters avoided.
33(2)The judge of the Court of King’s Bench may impose such terms as to payment of or security for costs or otherwise that he considers just.
33(3)The judgment of the Court of King’s Bench in any contentious cause or proceeding so removed shall be certified by the clerk of the probate office from which it was removed.
2023, c.17, s.209
Removal of contentious proceedings to Court of Queen’s Bench
33(1)Any contentious cause or proceeding may be removed into the Court of Queen’s Bench by order of a judge where, in his opinion, it is necessary or desirable so that all matters of controversy between the parties may be completely and finally determined and multiplicity of legal proceedings concerning those matters avoided.
33(2)The judge of the Court of Queen’s Bench may impose such terms as to payment of or security for costs or otherwise that he considers just.
33(3)The judgment of the Court of Queen’s Bench in any contentious cause or proceeding so removed shall be certified by the clerk of the probate office from which it was removed.