Land Title Practice Manual

214 Form Of Release

In This Volume

  • 214 A release of a judgment may be in the form approved by the director and must be witnessed and the execution proved in the manner required by Part 5.

1979-219-212; 2004-66-104, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Release in Form C

The director has approved the use of Form C for the release of a judgment.

Submissions

On the Form C Release, select Nature of Interest, Judgment.

Discharge of Judgment by a Partnership

With respect to a release of a judgment under s. 214 where the judgment was registered in the name of a partnership, it must be clear to the registrar that the claim has been satisfied. This must be done by providing a properly completed and executed discharge on an electronic Form C Release.

The electronic Form C Release should reflect that the transferor is the partnership and the individual executing it is a partner in that partnership. It must be clear on the face of the discharge that the individual executing the discharge:

  1. is a partner to the partnership; and
  2. did so on behalf of the partnership and the other partners.

Where the execution does not make this clear, the registrar will require proof of these facts in the form of a letter from a partner of the partnership. The letter is submitted by attaching an image of the original to an electronic declaration and submitting it immediately following the Form C Release.

PRACTICE

Optional Forms of Releasing Judgment

In addition to Part 1 of Form C, the registrar accepts other forms of release that are accompanied by an application in Form 17; for example:

  1. a certificate of the registrar of a court that a judgment has been cancelled or satisfied;
  2. a court certified satisfaction piece that is witnessed and executed by the judgment creditor in accordance with the requirements of Part 5 of the Act; or
  3. an Acknowledgment of Payment in Form 55 under Rule 13-2(29) of the Supreme Court Civil Rules.

Submissions

On the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Judgment, and attach an image of the court certified copy of the court order or an Acknowledgment of Payment in Form 55.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 3, para. 937.