Acts and Regulations

E-14 - Expropriation Act

Full text
Determination of title to land
20(1)Where an expropriating authority is at any time in doubt as to the persons who are owners of the land expropriated or to be expropriated, it may apply to the Court for a judgment respecting the state of the title to the land or any part thereof at a date specified in the application.
20(2)An application under this section shall in the first instance be made ex parte and the Court shall fix a time and place for the hearing of the persons concerned and give directions as to
(a) the persons to be served with a notice of the hearing, the contents of the notice and the manner of service thereof,
(b) the material and information to be submitted by the applicant, and
(c) such other matters as the Court considers necessary.
20(3)After the hearing the Court shall either adjudge for the purposes of this Act who is an owner of the land referred to in the application and the nature and extent of the interest of each owner, or direct an issue or issues to be tried for the purpose of enabling the Court to give judgment in the matter.
20(4)Subject to variation on appeal, the judgment of the Court shall determine who is the owner of land referred to in the application at the date specified therein.
20(5)Where an owner of land is unknown or is under a disability so as to prevent him from representing himself, the Court may, upon application and after due notice to persons interested, appoint a person to represent the owner for any of the purposes of this Act, and any action of a person so appointed is binding on the person he represents.
20(6)Except where substituted service is otherwise provided for in this Act, the Court may, upon application by any person required by this Act to serve any notice or other document upon any person, order substituted service in respect thereof.
1973, c.6, s.20
Determination of title to land
20(1)Where an expropriating authority is at any time in doubt as to the persons who are owners of the land expropriated or to be expropriated, it may apply to the Court for a judgment respecting the state of the title to the land or any part thereof at a date specified in the application.
20(2)An application under this section shall in the first instance be made ex parte and the Court shall fix a time and place for the hearing of the persons concerned and give directions as to
(a) the persons to be served with a notice of the hearing, the contents of the notice and the manner of service thereof,
(b) the material and information to be submitted by the applicant, and
(c) such other matters as the Court considers necessary.
20(3)After the hearing the Court shall either adjudge for the purposes of this Act who is an owner of the land referred to in the application and the nature and extent of the interest of each owner, or direct an issue or issues to be tried for the purpose of enabling the Court to give judgment in the matter.
20(4)Subject to variation on appeal, the judgment of the Court shall determine who is the owner of land referred to in the application at the date specified therein.
20(5)Where an owner of land is unknown or is under a disability so as to prevent him from representing himself, the Court may, upon application and after due notice to persons interested, appoint a person to represent the owner for any of the purposes of this Act, and any action of a person so appointed is binding on the person he represents.
20(6)Except where substituted service is otherwise provided for in this Act, the Court may, upon application by any person required by this Act to serve any notice or other document upon any person, order substituted service in respect thereof.
1973, c.6, s.20