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254 Cancellation Of Certificate Of Pending Litigation If Action Dismissed

In This Volume

  • 254 If an action in respect of which a certificate of pending litigation is registered has been dismissed, the registrar must cancel the registration as provided in the regulations, or, on
  • (a) application, and
  • (b) production of a certificate of the registrar of the court that issued the certificate of pending litigation, endorsed by the registrar of the Court of Appeal, certifying that
    • (i) the action has been dismissed and that the time limited for appeal has expired and no notice of an appeal has been filed with the registrar of the Court of Appeal, or
    • (ii) a notice of appeal has been filed and has been finally disposed of, and the dismissal of the action has not been set aside by the Court of Appeal or the Supreme Court of Canada.

1979-219-233; 1986-16-23, effective September 1, 1986 (B.C. Reg. 170/86); 1992-55-1, effective October 1, 1994 (B.C. Reg. 300/94).

FORMS

Forms of Application for Cancellation of a Certificate of Pending Litigation

Submissions using Certificate of Registrar’s Dismissal of Proceeding

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 Dismissal of Proceeding.

PRACTICE

Cancellation of Certificate of Pending Litigation (Alternative to Section 254)

Section 25 of the Land Title Act Regulation, B.C. Reg. 334/79, provides that:

  • If a person applies to cancel the registration of a certificate of pending litigation following a dismissal of the proceeding, the registrar may cancel the certificate
  • (a) on production of a consent to cancellation signed by the party who filed the certificate of pending litigation, or
  • (b) on giving notice to the party who filed the certificate.

When an action has been dismissed and the owner cannot or does not want to wait for the appeal period to expire in order to apply for a release of a certificate of pending litigation, the owner may make application pursuant to s. 25 of the Land Title Act Regulation. 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 order dismissing the action and the consent to the cancellation by the party who filed the certificate. The regulation requires that it is the party, and not the party’s solicitor, who must consent to the dismissal order. When the owner does not provide the consent, the registrar issues notice in accordance with s. 294.6(e) of the Act.

Submissions under the Regulation

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 consent to cancellation signed by the party who filed the certificate of pending litigation, as well as the court certified copy of the order of dismissal.

Certificate of Dismissal of Proceeding: Section 254(b)(i)

The following form of certificate from the court registrar is acceptable under s. 254(b)(i) if the time limit for appeal has expired and no notice of appeal has been filed:

Certificate of Dismissal of Proceeding: Section 254(b)(ii)

The following form of certificate from the court registrar is acceptable under s. 254(b)(ii) if a notice of appeal has been filed and finally disposed of and the dismissal of the action has not been set aside:

The Registrar of the Court of Appeal does not endorse this certificate until satisfied by the applicant that no application for leave to appeal, or appeal, has been or will be made by any party to the Supreme Court of Canada.

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 Dismissal of Proceeding.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 2, paras. 665 and 667, and vol. 3, para. 920.