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In This Volume

  • 212 (1) If an application is made to register an instrument under which the applicant claims
  • (a) registration as an owner of an estate in fee simple or an estate or interest by way of charge, or
  • (b) cancellation of a charge registered against the title to the applicant’s land,
  • and there is a judgment registered against
  • (c) the grantor of the fee simple,
  • (d) the person who created the estate or interest to be registered as a charge, or
  • (e) the holder of the charge to be cancelled,
  • the registrar may, despite section 86(3)(c) of the Court Order Enforcement Act, if the applicant claims priority to the judgment, serve a notice in the form approved by the director on the judgment creditor.
  • (2) In addition to any other method of service, the notice may be served by leaving it at the address for service of the judgment creditor shown on the certificate of judgment, whether or not the judgment creditor is in occupation of premises at that address.
  • (3) If a judgment creditor claims a lien on land because of the judgment, the judgment creditor must, within the time set by the registrar’s notice, follow the procedure provided in Part 5 of the Court Order Enforcement Act for enforcing the judgment creditor’s charge, and register a certificate of pending litigation; otherwise the registrar may effect registration or cancellation, as applied for, free from the judgment, and cancel the judgment as to the estate or interest in the land so registered or as to the charge so cancelled.

1979-219-210; 1992-55-1, effective October 1, 1994 (B.C. Reg. 300/94); 2004-66-104, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Form of Application for Registration or Cancellation Free from Judgment

An application requesting that the registrar exercise discretion in favour of an applicant claiming priority to a judgment should be in writing.

Submissions

For electronic submissions, the request to the registrar may be added in the Additional Information field on the application or attached in the form of a letter to an electronic Declaration and submitted with the application.

The electronic Declaration is submitted concurrently with the instrument that requests priority.

PRACTICE

The registrar sends a prescribed notice of intention to the judgment creditor. If the judgment creditor fails to respond to the notice in accordance with s. 212(3), the registrar proceeds with registration or cancellation free from the judgment in accordance with the terms of the notice.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Notices

See Part 22 of the Act regarding the preparation and service of notices.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 3, para. 931.