314 Power Of Registrar To State Case

• 314 (1) If a question arises

• (a) respecting the performance of a duty or the exercise of a function by this Act conferred or imposed on the registrar,
• (b) as to a matter of law or fact arising on the examination of the title to land or as to the construction or legal validity or effect of an instrument or other document,
• (c) as to the person entitled, or as to the extent or nature of the right, title, estate, interest, power or authority of a person or class of persons, or
• (d) as to the manner in which an endorsement ought to be made on the register,

• the registrar may state a case for the opinion of the Supreme Court, and the stated case must include

• (e) a short statement of the facts,
• (f) the registrar’s reasons for referring the matter, and
• (g) the names of the interested parties so far as the registrar knows or has been informed.

• (2) The stated case must be filed in the court and an application without notice to any person must be made by the registrar to the court for directions respecting

• (a) the parties to be served,
• (b) the method of service,
• (c) the time and place of hearing, and
• (d) any other incidental matters.

• (3) The court must allow a person affected by or interested in the matter to appear and may summon any other person to appear and give evidence or make a representation respecting the matter in question.
• (4) The court, having regard to the parties appearing before it, whether summoned or not, may

• (a) decide the question,
• (b) direct proceedings to be instituted for that purpose, or
• (c) direct the registrar to make such particular form of endorsement in the register as under the circumstances appears to be just.

1979-219-294.