309 Appeal To Court

• 309 (1) Within 21 days after a person described in section section 308(1)(a) or (b) receives a notice under section 308(1), the applicant who made the application or on whose behalf the application was made may make an application in the nature of an appeal to the Supreme Court, supported by the person’s affidavit and, if necessary, the affidavits of other persons, stating

• (a) the material facts of the case, and
• (b) that to the best of the information, knowledge and belief of the deponents, all facts and things material to the title have been fully and fairly disclosed.

• (2) All parties affected or interested, including the registrar and a person directed to be served by the court, must be served with the court application, together with copies of all material and exhibits proposed to be used on the hearing.
• (3) At least 10 days’ notice must be given of the time and place of hearing and at that time and place all interested parties, whether served with the court application or not, may appear and be heard.
• (4) The place of hearing must be the city in which the land title office is located.
• (5) The court may make any order it considers proper as to the notification of other parties, and on the hearing may make such order as the circumstances of the case require and such order as it considers proper as to costs in respect of the parties appearing.
• (6) If the refusal of the registrar to effect registration in accordance with the application made to the registrar is stated to be on the ground that the applicant’s title must be declared under the Land Title Inquiry Act, the court may order that the proceedings under this section be governed by that Act.

1979-219-289; 2004-12-27.