213 Costs On Failure To Establish Priority

• 213 If proceedings referred to in section 212(3) taken by the judgment creditor fail, because of a court finding that the instrument under which the applicant for registration or cancellation is claiming is entitled to priority over the judgment creditor’s registered judgment, the court may

• (a) dismiss the proceedings without costs, or
• (b) allow costs to the judgment creditor if, in the opinion of the court, the judgment creditor was justified under the circumstances in requiring the applicant to have judicially established that the instrument was in good faith and validly executed.

1979-219-211.