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In This Volume

  • 255 (1) If an action in respect of which a certificate of pending litigation has been registered has neither been discontinued nor dismissed, the registrar, on application, may cancel the registration of a certificate of pending litigation, on the written request of the party initiating the proceedings or the party’s solicitor.
  • (2) The request must be in a form satisfactory to the registrar, describe the land in respect of which the registration is to be cancelled, and, in the case of a party, witnessed and proved in the manner required under Part 5.

1979-219-234; 1992-55-1, effective October 1, 1994 (B.C. Reg. 300/94).

PRACTICE

Application Made by Solicitor on Behalf of Party Initiating Proceedings

The following is an example of a form of letter, acceptable to the registrar, from a solicitor applying for a full or partial release of a certificate of pending litigation if the action has been neither discontinued nor dismissed.

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 letter of release from the solicitor or the party that initiated the proceedings.

Change of Solicitor

Where the solicitor requesting the cancellation of the certificate of pending litigation is not the same as the solicitor who initiated the action or is not a solicitor from the same firm that initiated the action, the registrar requires an image or photocopy of the court filed copy of the “Notice of Appointment or Change of Solicitor”, confirming that the new solicitor is the solicitor of record.

Note that, in practice, an individual agrees to be represented by an entire firm, with one solicitor having primary responsibility. The solicitor/client relationship encompasses the firm and not simply the one solicitor who signed the certificate. Therefore, a release under s. 255 of the Act may be signed by the individual (party) or by any solicitor within the firm that initiated the action.

Submissions

In support of the letter of release from the solicitor, attach an image of the copy of the notice of change of solicitor.

Application Made by Party Initiating Proceedings

The following is an example of a form of letter, acceptable to the registrar, from a party initiating proceedings for a full or partial release of a certificate of pending litigation if the action has neither been discontinued nor dismissed.

Officer Certification:

Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

Assignment of Action

If the action has been assigned, the registrar requires proof of the assignment in the form of a certificate from the court, a court order or other similar evidence. The registrar does not usually require that the assignment be registered under s. 215(4) of the Act before releasing the certificate of pending litigation.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 2, paras. 665 and 668.