OLYMPIA TRUST COMPANY v ODEGARD, 2014 ABQB 204
3.62: Amending pleading
4.34: Stay of proceedings on transfer or transmission of interest
The Plaintiff in a foreclosure Action assigned its entire interest in the lawsuit to a third party, (the “Assignee”) post Order Nisi/Order for Sale in 2010. More than 3 years after the assignment, the Plaintiff brought an Application to have the Assignee substituted as Plaintiff, or added, and the Pleadings amended, pursuant to Rule 3.62(1).
The Court noted that assignment of the Order Nisi was an assignment of a Judgment. Rule 4.34 did not apply in the circumstances. However, because there were further procedural steps before this Action would be concluded, the Court granted the amendment to the Pleadings to have the Assignee substituted as Plaintiff.
Master Schlosser stated that, because this was an assignment of a Judgment, the 3 years did not create a limitation problem. Section 11 of the Limitations Act only prevents liability on a Judgment after ten years.View CanLII Details