Can a defendant bring an application to have a separate action for replevin consolidated?

Alberta, Canada


The following excerpt is from Lablanc v. Charles, 1980 CanLII 1026 (AB QB):

I consider Feissel v. Conradson, supra, to correctly express the law. As the defendant already has a separate action for replevin, he is not in any way prejudiced. He can consider an application under R. 229 to have the actions consolidated or to have the actions tried at the same time. As the defendant has already commenced separate proceedings on his replevin claim, I have difficulty in understanding either the necessity of this particular application or what would be gained by it. The plaintiff’s counsel suggests that the application is an attempt to avoid a demand for security for costs in the replevin action, as the defendant is resident out of the province and, being a plaintiff in the replevin action, might be required to give security for costs. It appears that a demand for security for costs was made and this application was launched thereafter.

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