CPA · Prompt Payment and Construction Lien Act
Part 8 — Enforcement of Liens
53 Pre-trial application
defence, the plaintiff may, and before setting the action down for
trial the plaintiff shall, make a pre-trial application.
(2) The plaintiff shall serve notice of the pre-trial application on all
other parties to the proceedings, at least 10 days before the date of
the application.
(3) On the hearing of the pre-trial application,
(a) if no defence has been file d and no notice to prove lien
has been filed and served, the court may declare the liens
RSA 2000
PROMPT PAYMENT
valid and make any further judgment or order that it
considers appropriate,
(b) if defence has been filed, the court may give judgment
declaring valid any liens in respect of which no notice to
prove lien has been filed,
(c) the court may consider the affidavits filed on service of
notice to prove lien and the transcript of any questioning
on them, and may
(i) determine the validity of the liens concerned,
(ii) hear oral evidence, and
(iii) direct that at the trial o f the action any particular
issue or issues arising on the application be
determined,
(d) the court may make any further order or direction that it
considers necessary or desirable including, among other
things, an order that the property be sold pursuant to this
Act and an order that the action be entered for trial,
(e) the court may order that any lienholder or other party be
given the carriage of the proceedings, and
(f) the court may order that questioning under Part 5 of the
Alberta Rules of Court be conducted in the action, but no
questioning may be conducted without an order of the
court.
RSA 2000 cB-7 s53;2009 c53 s28