Expropriation Act

Version of section 32 from 2002-12-31 to 2011-11-28:


Marginal note:Statement of claim

  •  (1) Each person stated in a notice filed in the Court under subsection 31(1) to be a party to the proceedings shall, within a period of thirty days after the day the notice is served on him or within such further time as the Court or a judge thereof may allow either before or after the expiration of that period, serve on the Attorney General of Canada and file in the Court a statement of claim in the proceedings.

  • Marginal note:Statement of defence

    (2) The Attorney General of Canada shall, within a period of thirty days after the day on which a statement of claim referred to in subsection (1) was served on him, or, if more than one such statement was served on him, the latest day on which any of those statements was served on him, or within such further time as the Court or a judge thereof may allow either before or after the expiration of that period, serve on each person serving a statement of claim and file in the Court a statement of defence or answer thereto.

  • Marginal note:Procedure

    (3) Subject to this section and section 31, an action or suit commenced as described in subsection 31(2) shall be proceeded with in accordance with the Rules and Orders of Practice and Procedure before the Court and as if the proceedings had been commenced by statement of claim filed by a person stated in a notice filed in the Court under subsection 31(1) to be a party to the proceedings.

  • Marginal note:Where application under section 18 pending

    (4) Where an application has been made under section 18 and, at the time any proceedings arising out of the expropriation to which the application relates are commenced by statement of claim as described in paragraph 31(1)(a), the application has not been finally disposed of, the proceedings shall be stayed until the application is finally disposed of.

  • Marginal note:Judgment as bar to further claims

    (5) A judgment, whether by consent, default or otherwise, in any proceedings under this section or section 31 bars all further claims of the parties thereto and of any persons claiming through or under them, including any claim in respect of dower or of dower not yet open or in respect of any mortgage, hypothec or other right or encumbrance, and the Court shall declare the amount of compensation payable and make such order for the distribution, payment or investment of any compensation money, and for the securing of the rights of all persons interested, as may be necessary.

  • R.S., c. 16(1st Supp.), s. 29
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