193 Inquiry
authorized to hold an inquiry, proof of the matters relevant to the
inquiry may be made before the judge by affidavit, which may be
sworn before any judge of any court, notary public, justice of the
peace or commissioner for taking affidavits, having authority or
jurisdiction within the place where the oath is administered.
(2) Notwithstanding subsection (1), the judge may, whenever the
judge thinks it expedient to do so, require the personal attendance
of any person before the judge to testify as to the matters of an
inquiry, or that any deponent to any affidavit attend in person
before the judge to be cross-examined on the deponent's affidavit.
(3) When the judge requires a person or deponent to appear before
the judge in person the judge may issue a summons requiring the
person or deponent to appear before the judge at a time and place to
be specified to testify as to what the person or deponent may know
concerning the matters in question, or to be cross-examined, as the
case may be, and if the person or deponent fails to attend at the
time and place specified, on due proof under oath that the person or
deponent has been duly served with the summons and that the
proper allowance has been paid or tendered to the person or
deponent in accordance with the requirements of the Alberta Rules
of Court for the attendance of witnesses at trials in civil causes in
the Court of King's Bench, the judge may issue a warrant directed
to a peace officer, directing the peace officer to apprehend the
person or deponent and bring the person or deponent before the
judge for questioning and to keep the person or deponent in the
peace officer's custody until the person or deponent is questioned,
and the peace officer shall obey the warrant according to its tenor.
(4) The costs incidental to any such inquiry shall be in the
discretion of the judge, and shall be assessed by the assessment
officer of the court at the judicial centre at which the inquiry was
held in accordance with the Alberta Rules of Court in the case of
civil causes in the court, and judgment shall be signed in the court
for those costs in favour of the party to whom they are awarded by
the judge, and a writ of enforcement may be issued for their
recovery out of the court as on an ordinary judgment in that court.
RSA 2000
(5) When any proceeding is taken under this Act, whether by an
application or summons, or by the filing with or the delivery to the
Registrar of a caveat, builders' lien, or copy of an execution against
land, or other proceeding, and any party to the proceeding, or the
person in whose behalf or against whose interest the caveat, lien or
execution has been filed or delivered, is not a resident of Alberta, a
judge may, on the application of a party to the proceeding or of
anyone interested in the proceeding or affected by the caveat, lien
or execution, grant an order requiring the non-resident to give
security for the costs of the applicant for the order in prosecuting or
resisting the proceedings or in removing or maintaining the caveat,
lien or execution, and it may be a term of the order that in default
the proceeding may be deemed granted or dismissed, or the caveat,
lien or execution may be deemed removed or maintained, and the
order may also provide for a stay of proceedings.
(6) The practice and procedure for obtaining the order and giving
the security shall be as nearly as may be the same as on an
application for security for costs in civil causes in the Court of
King's Bench, and the judge may direct payment of the costs
incident to the application or order to be assessed and recovered as
is provided in the case of the costs mentioned in subsection (4).
RSA 2000 cL-4 s193;2009 c53 s95;AR 217/2022