271 Presumption As To Regularity Of Foreclosure And Cancellation Proceedings

• 271 (1) In an application founded on a final order of foreclosure, the registrar, on production of a certified copy

• (a) of the order nisi, if any, and
• (b) of the final order for foreclosure in which the defendants are all the parties appearing on the records of the registrar as the owners of the fee simple in or a charge on the land priority to whose estate or charge is claimed by the applicant,

• is entitled to presume the regularity of all intervening proceedings, and no person foreclosed by the order and named in it as a defendant, who is deprived of land or a charge by the registration of a new indefeasible title, has an action or claim against the assurance fund based on an alleged defect in the foreclosure proceedings.
• (2) The presumption of regularity created by subsection (1) applies to all applications founded on a final order for the cancellation of an agreement for the sale of land or a subagreement for the sale of land, and no person, named as a defendant in the order,

• (a) whose estate or interest is cancelled by the order, and
• (b) who is deprived of land or a charge by a cancellation or other registration effected by the registrar pursuant to the order,

• has an action or claim against the assurance fund based on an alleged defect in the cancellation proceedings.
• (3) In this section, “assurance fund” means the applicable assurance fund under Part 19.1 or Part 20.

1979-219-250; 1982-60-68, proclaimed effective August 1, 1983; 2004-66-115, effective January 20, 2005 (B.C. Reg. 16/2005).