Neider v. Carda of Peace River District Limited

IT IS HEREBY ORDERED that the Plaintiff’s application for leave to adduce further evidence be and is hereby dismissed.

AND IT IS FURTHER ORDERED AND DECLARED that the transfers executed by the Plaintiff, referred to in paragraph 8 of the Statement of Claim herein, were a sale and purchase of real property within the meaning of Section 67 of The Land Titles Act, R.S.A. 1955, c. 170, and were made on the Lord’s day, and are utterly null and void.

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AND IT IS FURTHER ORDERED AND ADJUDGED that the registration of the said transfers does not have the effect of perfecting the transaction.

AND IT IS FURTHER ORDERED AND DIRECTED that the Registrar of the North Alberta Land Registration District do cancel the registration of the said transfers, being transfers numbered 5334 O.Y., 5335 O.Y. and 5336 O.Y., and the discharge of mortgage registered as number 48520Y, and that the titles to the lands referred to in the said transfers and the said discharge be restored to their respective plight and condition as at the time the said transfers and discharge were registered, which is to say, that the titles to the said lands, namely:

(1) The North East quarter of Section Nineteen (19), Township Seventy-Nine (79), Range Twenty-One (21), West of the Fifth Meridian, Province of Alberta;

(2) The North West quarter of Section Nineteen (19), Township Seventy-Nine (79), Range Twenty-One (21), West of the Fifth Meridian, Province of Alberta;

(3) The South West quarter of Section Thirty-five (35), Township Seventy-Nine (79), Range Twenty-Two (22), West of the Fifth Meridian, Province of Alberta;

(4) Lot (A) containing four and forty five hundredths (4.45) acres more or less, in Block Five (5), in the Townsite of Jean Cote, aforesaid, as shown on subdivision Plan 2042 K.S. (S.W. 1-80-22-W.5). Reserving unto her majesty all mines and minerals and the right to work the same;

(5) Lots Five (5) and Six (6), in Block Five (5), in the Townsite of Jean Cote, aforesaid, as shown on Subdivision Plan 2042 K.S. (S.W. 1-80-22-W.5). Reserving unto her majesty all mines and minerals and the right to work the same.

be in the name of Lucie Neider, and subject to a first mortgage in favour of Carda of Peace River District Limited (Carda De Riviere La Paix Limitee), successor to the mortgagee named in the said Mortgage, La Caisse d’Etablissement de Riviere-la-Paix Ltee.

AND IT IS FURTHER ORDERED AND ADJUDGED that the Defendant deliver up possession of the following lands and premises, viz.:

(1) The North East quarter of Section Nineteen (19), Township Seventy-Nine (79), Range

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Twenty-One (21), West of the Fifth Meridian, Province of Alberta;

(2) The North West quarter of Section Nineteen (19), Township Seventy-Nine (79), Range Twenty-One (21), West of the Fifth Meridian, Province of Alberta;

(3) The South West quarter of Section Thirty-five (35), Township Seventy-Nine (79), Range Twenty-Two (22), West of the Fifth Meridian, Province of Alberta;

unto the Plaintiff.

AND IT IS FURTHER ORDERED, ADJUDGED AND DIRECTED that the Clerk of this Honourable Court take an accounting relating to the income and expenditure during the period that the Defendant has carried out farming operations on the said lands.

AND IT IS FURTHER ORDERED, ADJUDGED AND DECLARED that the Defendant acted reasonably and properly in ploughing under the alsike clover crop on the said lands.

AND IT IS FURTHER ORDERED that should an issue arise in the accounting aforesaid, such issue may be referred to the Honourable Mr. Justice M.B. O’Byrne for determination.

AND IT IS FURTHER ORDERED, DECLARED AND DIRECTED that, should the Defendant so require, the registration of the chattel mortgage granted by the Plaintiff to the Defendant is to be restored in the Central Registry for the Province of Alberta to reflect the plight and condition of the said chattel mortgage immediately prior to the registration of the discharge of the aforesaid chattel mortgage.

AND IT IS FURTHER ORDERED AND ADJUDGED that the Defendant is entitled to the costs of the Plaintiff’s application to adduce further evidence.

AND IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall have costs of the action on Column 5 including Examinations for Discovery, any limiting Rule not to apply.