129 Powers Of Registrar In Relation To The Hearing

In This Volume

129 In the same manner as a judge of the Supreme Court under the Supreme Court Civil Rules, the registrar may

(a) hear the petitioner and the parties and the witnesses called by any of them,
(b) order the discovery of documents,
(c) exercise any of the powers under section 382 in connection with the proceeding initiated by the petition,
(d) inspect the land covered by the plan referred to in the petition,
(e) adjourn the hearing of the petition on terms that the registrar considers proper,
(f) award to the petitioner or a party costs the registrar considers just and order by whom the costs must be paid, and
(g) give directions that the registrar considers appropriate.

1979-219-129; 1993-52-1; 2010-6-97, effective July 1, 2010.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Powers and Duties of Registrar

See s. 382 of the Act, which empowers the registrar to summon witnesses, administer oaths and take evidence. Note particularly s. 382(1)(d), which empowers the registrar to “summon a person whose evidence in respect of a matter pending before the registrar may be material”.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, para. 144.

CASE LAW

Registrar’s Discretion

See West Vancouver (District) v. British Columbia (Attorney General), 1992 CanLII 1529 (BC SC), which provides that the registrar has a wide discretion when considering applications for cancellation under Part 8. Note that this case was decided under an earlier enactment of s. 129.

Conditions Imposed by Registrar

See also Elsom v. Goodwin, 1983 CanLII 548 (BC CA) with respect to the power of the registrar to impose conditions. Note that this case was decided under an earlier enactment of s. 129 which specifically authorized the registrar to grant or refuse a petition on conditions the registrar deemed proper. The imposition of conditions are now dealt with under s. 131(2) of the Act.