14 Interests Of Persons If Service Of Notice Dispensed With

• 14 (1) If an order is made under this Act dispensing with the service of notice on any person or classes of persons, and property is sold by order of the court, the following provisions apply:

• (a) the proceeds of the sale must be paid into court to await the further order of the court;
• (b) the court must, by order, set a time after which the proceeds will be distributed, and may by further order extend that time;
• (c) the court must order notice to be given by advertisements or otherwise to any persons on whom service is dispensed with who may not have previously come in and established their claims, notifying them of
  • (i) the fact of the sale,
  • (ii) the time of the intended distribution, and
  • (iii) the time within which a claim to participate in the proceeds must be made;
• (d) if at the end of the time set or extended the interests of all the persons interested have been ascertained, the court must distribute the proceeds in accordance with the rights of those persons;
• (e) if at the end of the time set or extended the interests of all the persons interested have not been ascertained, and it appears to the court that they cannot be ascertained or cannot be ascertained without expense disproportionate to the value of the property or of the unascertained interests, the court must distribute the proceeds
  • (i) in the manner that appears to the court to be most in accordance with the rights of the persons whose claims to participate in the proceeds have been established, whether all those persons are or are not before the court, and
  • (ii) with the reservations, if any, the court sees fit in favour of any other persons, whether ascertained or not, who may appear from the evidence before the court to have any clear rights that ought to be provided for, although those rights may not have been fully established.

• (2) If an order is made under subsection (1)(e), all other persons are excluded from participation in those proceeds.
• (3) Despite a distribution under subsection (1) of the proceeds of a sale, any person excluded under subsection (2) may recover from any participating person any portion received by that person of the excluded person’s share.

1979-311-14.