253 Cancellation Of Certificate Of Pending Litigation If Action Discontinued

FORMS

Forms of Application for Cancellation of a Certificate of Pending Litigation

Submissions

On the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Certificate of Pending Litigation, and attach an image of the original Registrar’s Certificate of Discontinuance.

PRACTICE

Certificate of Discontinuance of Proceeding

The following form of certificate from the court registrar is acceptable under s. 253:

Releases Not Sufficient

The registrar does not accept a release signed by a claimant or the claimant’s solicitor in situations where s. 253 applies. The claimant making application must provide a certificate of the registrar of the court.

Registrar May Dispense with Certificate of Registrar of Court

The registrar may dispense with the requirement for a certificate of the registrar of the court in the following circumstances:

1. On an application to register a Form A transfer from a mortgagor to a mortgagee, the registrar permits the applicant mortgagee to apply to merge the mortgage and cancel the certificate of pending litigation by written request on the application.
2. On an application to register a Form C from a purchaser to a vendor under an agreement for sale, the registrar permits the applicant vendor to apply for cancellation of the certificate of pending litigation by written request on the application.
3. Where the holder of a registered charge, or a builders lien claim, also holds a registered certificate of pending litigation and gives an unqualified discharge of the charge or claim, the registrar permits the applicant to simply apply for cancellation of the charge or claim as well as the certificate of pending litigation.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 2, §15:17 and §15:18, and vol. 3, §20:32.