Skip to main content

In This Volume

  • 210 (1) An application to register a judgment or to renew the registration of a judgment
  • (a) must be made in the same manner as an application to register a charge is made,
  • (b) must comply with Part 5 of the Court Order Enforcement Act, and
  • (c) must not be entered in the register of judgments.
  • (2) The registrar must effect the registration or the renewal of registration of a judgment by making an endorsement of it in the register in the same manner as a charge is endorsed under section 197.

1979-219-206

PRACTICE

Application for Registration or Renewal of a Judgment

On application for registration or renewal of registration of a judgment, the applicant must submit:

  1. a Form 17 stating, among other things, the legal description of the property; and
  2. an original certificate of judgment.

On renewals, the registrar accepts photocopies of original certificates of judgment previously registered.

When applying for renewal of registration of a judgment, the application should state clearly that it is for a renewal so that the registrar can endorse the application on title as “____ being renewal of _____”. If the applicant does not state that the application is for a renewal, the priority of the judgment may be prejudiced.

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Judgment, and attach an image of the original certificate of judgment.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Court Order Enforcement Act

Under s. 210(1)(b), the registration or renewal of registration of a judgment must comply with Part 5 of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78. See chapter 37 (Court Order Enforcement Act, R.S.B.C. 1996, c. 78) in this Manual for a discussion of Part 5 of that Act and, in particular, ss. 83 to 89 for procedures and necessary forms. See also Rule 13-1(4) of the Supreme Court Civil Rules.

Determining Whether Judgment Debtor Owns Land

Conducting a name search in the computer records of the land title office is a helpful method of determining whether a judgment debtor owns property. By examining the information about occupation and address on the titles produced by a search, a searcher may be able to determine whether a particular registered owner actually is the judgment debtor sought.

Certificate Filed and Enforced as a Judgment of the Court

See chapter 66 (Registration of Instruments) and chapter 67 (Government Liens, Charges, and Administrative Penalties) in this Manual for a summary of statutory provisions that provide for the issuance of a certificate that may be filed in court and enforced as a judgment of the court.

CASE LAW

See the annotation for Graham v. Moore Estate, 2004 BCSC 274, under s. 81 of the Court Order Enforcement Act at chapter 37 (Court Order Enforcement Act, R.S.B.C. 1996, c. 78) of this Manual.

For a discussion of the relationship between judgments and certificates of pending litigation, see the annotation for McFarlane Travel Service Ltd. v. Godlonton, 2006 BCSC 286 under s. 215 of this Act.