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In This Volume

  • 284 (1) In this section, “order” includes injunction.
  • (2) The Supreme Court may,
  • (a) on the application of a person interested in land, or
  • (b) on application made on behalf of the owner of a future or contingent interest,
  • make an order prohibiting dealing with that land.
  • (3) The court may annex to the order terms and conditions it may consider proper, including an expiry date.
  • (4) The order may be lodged with the registrar, and, if lodged with the registrar, the registrar must deal with it in the same manner as a caveat.
  • (5) This section applies only to land registered under this Act.

1979-219-263.

FORMS

Forms of Application

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Injunction, and attach an image of the court certified copy of the court order.

This transaction receives preliminary examination prior to receiving an immediate application number, date and time.

PRACTICE

Registration of Order

When a court order is lodged, the registrar adds it to the title as an “Injunction” and sends notice to the owners of the interest against whose title the order has been made.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, paras. 559, 572, 575, and 655.

CASE LAW

Interpretation

An “owner of a future or contingent interest” described in s. 284(2)(b) is a narrower and more restricted category of persons than a “person interested in land” described in s. 284(2)(a). The former category would describe a person owning a legal interest or estate in land, be that interest or estate a future or contingent one. The latter is a wider category and might include persons having only an equitable estate or interest—one perhaps requiring not only the happening of some future event to bring about its vesting but, as in this case, the launching of some proceedings to enforce an equitable claim (Nicoll v. Oakes, 1979 CanLII 736 (BC SC)).