Expropriation Act

Marginal note:Determination respecting title

• 18 (1) If the Attorney General of Canada, at any time after the registration of a notice of confirmation, is in doubt as to the persons who had any estate, interest or right in the land to which the notice relates or as to its nature or extent, the Attorney General of Canada may apply to the Court to make a determination respecting the state of the title to the land or any part of the land immediately before the registration of the notice, and to adjudge who had an estate, interest or right in the land at that time, and its nature and extent.

• Marginal note:Hearing

  (2) An application under this section shall in the first instance be made ex parte and the Court shall fix a time and place for the hearing of the persons concerned and give directions as to

  • (a) the persons who are to be served with the notice of the hearing, the contents of the notice and the manner of service thereof;

  • (b) the material and information to be submitted by the Attorney General of Canada or any other persons; and

  • (c) such other matters as the Court considers necessary.

• Marginal note:Adjudication

  (3) After the hearing under subsection (2), the Court shall either adjudge for the purposes of this Part what persons had any estate, interest or right in the land to which the notice of confirmation relates immediately before the registration of the notice, and its nature and extent, or direct an issue or issues to be tried for the purpose of enabling the Court to make such an adjudication.

• Marginal note:Effect of adjudication

  (4) An adjudication made by the Court for the purposes of this Part is deemed to be a final judgment of the Court and, subject to variation on appeal, if any, to finally determine for all purposes of this Part what persons had any estate, interest or right in the land to which the notice of confirmation relates immediately before the registration of the notice, and its nature and extent.