Execution of instruments by order of court
38 Execution of instruments by order of court
Where:
an order under this Part has directed a person to execute an instrument; and
the person has refused or neglected to comply with the direction or, for any other reason, a court thinks it necessary to exercise its powers under this subsection;
the court may appoint an officer of the court or other person to execute the instrument in the name of the person to whom the direction was given, and to do everything necessary to make the instrument valid and operative.
The execution of the instrument by the appointed person has the same force and validity as if it had been executed by the person directed by the order to execute it.
A court may make any order it thinks just about the payment of the costs and expenses of and incidental to the preparation and execution of the instrument.
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