Skip to main content

256 Cancellation Of Certificate Of Pending Litigation On Other Grounds

In This Volume

  • 256 (1) A person who is the registered owner of or claims to be entitled to an estate or interest in land against which a certificate of pending litigation has been registered may, on setting out in an affidavit
  • (a) particulars of the registration of the certificate of pending litigation,
  • (b) that hardship and inconvenience are experienced or are likely to be experienced by the registration, and
  • (c) the grounds for those statements,
  • apply for an order that the registration of the certificate be cancelled.
  • (2) An owner whose indefeasible title or charge is registered subject to a certificate of pending litigation under section 217(2)(a) or (c)(ii) may, on setting out in an affidavit
  • (a) that the pleading or petition by which the proceeding was commenced or notice of application attached to the certificate contains no allegation that the owner is not a purchaser in good faith and for valuable consideration,
  • (b) that the owner applied to register the owner’s indefeasible title or charge before the certificate was received by the registrar, and
  • (c) particulars of dates and times of receipt, application and registration of the owner’s application and the certificate,
  • apply for an order that the registration of the certificate be cancelled.
  • (3) An application under this section must be made to the court in which the proceeding was commenced and must be brought
  • (a) as an application in that proceeding, if the applicant is a party to the proceeding, or
  • (b) by petition, if the applicant is not a party.

1979-219-235; 1989-69-28, effective April 1, 1990 (B.C. Reg. 53/90); 1992-55-1, effective October 1, 1994 (B.C. Reg. 300/94); 2010-6-65, 66, effective July 1, 2010.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 2, para. 669.

CASE LAW

For case annotations on proceedings to cancel a certificate of pending litigation, refer to s. 257 of the Act.