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In This Volume

  • 167 (1) If an application has been made, and no other pending application is affected by it, the applicant may withdraw the application as to all or a part of the land comprised in it at any time before registration, on terms the registrar considers proper.
  • (2) If the person making the application is
  • (a) an agent who is not a solicitor, or notary public under the Notaries Act, or
  • (b) one of several owners acting on behalf of himself or herself and the other owners,
  • the registrar may refuse to allow the applicant to withdraw the application until the applicant produces the written consent, properly verified, of his or her principal or, as the case may be, the other owners.
  • (3) If a caveat has been lodged contesting the applicant’s right to registration, the registrar may refuse to allow the application to be withdrawn until the applicant has paid the caveator a sum the Supreme Court on application may set, and the court may, by order, direct the applicant to pay reasonable compensation for the costs and expenses to which the caveator has been put because of the application.
  • (4) An application that has been withdrawn is void.

1979-219-164.

PRACTICE

Time for Withdrawal

An applicant may withdraw an application any time before registration. Registration occurs when the registrar enters the estate or interest claimed in the register other than as a pending application. An application to withdraw may be in any form satisfactory to the registrar.

Withdrawal of Applications Made by a Solicitor or Notary Public

A solicitor or notary public may withdraw an application made by the solicitor or notary public without the principal’s consent.

Withdrawal of Applications Made by an Employee or Nominee of Solicitor or Notary Public

Where an application was made by an employee or nominee of a solicitor or notary public, the solicitor or notary public may withdraw the application without the principal’s consent.

Withdrawal of Applications Made by an Agent

When an application is signed by an agent, it can only be withdrawn with the consent of the principal.

Withdrawal of Applications by One of Several Owners

The registrar requires the written consent of all of the other owners where an application to withdraw is sought by one of them.

Withdrawal Request for Electronically Submitted Applications

Letters of withdrawal for electronically-submitted documents must be delivered to the registrar electronically using the process available through a myLTSA Enterprise account. Requests submitted are routed to an examiner for processing in an expedited fashion to ensure these requests are processed quickly and efficiently. In addition, customers receive automated notifications once the request has been processed.

Withdrawal Requests for Applications Submitted in Hardcopy

The registrar has determined that letters of withdrawal for applications received in hardcopy must be scanned and submitted to the Customer Service Centre using the following email address: customerservice@ltsa.ca.

The Customer Service Centre monitors this email address throughout the business day, which ensures that withdrawal requests will be handled in an efficient and timely manner.

Effect of Withdrawal

On withdrawal, an application is void and the registrar deletes the entry in the register.

Correction before Registration Distinguished from Withdrawal

A withdrawal of an application under s. 167 is not to be confused with the registrar’s practice of permitting corrections of minor defects in a hardcopy application before its registration. The Act does not contemplate corrections. Corrections are only permitted at the discretion of the registrar. Electronic applications are not withdrawn for correction; corrections are submitted electronically. For more information, see Electronic Filing System (EFS) User’s Guide—“Withdrawal Requests” and “Corrective Declaration or Plan Alteration” at ltsa.ca/practice-info/e-filing-user-guides-and-publications under “Land Title Submissions”.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Refund of Fees

Section 386(6) of the Act provides that, if an application or instrument is refused or withdrawn, the registrar must refund the balance of fees over and above the amount properly payable. See also ss. 16 and 21 of the Financial Administration Act regarding the refund of money paid to the government for purposes that are not fulfilled.

Secondary Sources

In the case of a caveat, see Di Castri, Registration of Title to Land, vol. 1, para. 71.