256 Cancellation Of Certificate Of Pending Litigation On Other Grounds

• 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.