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In This Volume

  • 88 (1) After October 30, 1979, a judgment creditor may apply under the Land Title Act to register, against the title to specified land, a judgment or a renewal of the registration of a judgment, in the same manner as a charge is registered by delivering to the registrar a certificate of judgment or, if permitted by an enactment, a copy of an order, which is included in the words “certificate of judgment”.
  • (2) In subsection (1), “judgment creditor” includes, in a proper case, the clerk of the Provincial Court acting on behalf of the judgment creditor.
  • (3) A certificate of judgment must be
  • (a) sealed with the seal of the court in which the judgment was entered or recovered, and
  • (b) signed by the registrar of the court.
  • (4) A judgment entered or obtained in the Provincial Court is sufficient for registration purposes if it is certified to be a true copy by the clerk or judge of that court.
  • (5) A photocopy, satisfactory to the registrar, of a certificate of judgment registered under this section, may be received by the registrar in support of an application under the Land Title Act to register
  • (a) the judgment against other specified land, or
  • (b) a renewal of a judgment,
  • in the same manner and with the same effect as if the original certificate were produced.

1979-75-80.

PRACTICE

Registrar Requires Certificate of Judgment

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Judgment, and attach an image of the Certificate of Judgment.

Re-Registration of Judgment

A judgment creditor may apply to re-register a judgment after the expiry of the two-year registration period. In this case, the registrar registers the judgment in the same manner as an original registration of a judgment. The re-registered judgment does not retain the priority of the original registered judgment. To retain priority, a judgment must be renewed before its two-year period expires. See s. 91 of the Act.

Registration of Foreign Judgment

A judgment granted by a court outside of British Columbia in a country or province with which British Columbia has made an agreement for the reciprocal recognition and enforcement of judgments in civil and commercial matters is not immediately registrable against land in the province. A judgment creditor must first obtain registration of the foreign judgment in a British Columbia court before proceeding to enforce the judgment. There may be exceptions under specific legislation. For example, see s. 119 of the Employment Standards Act, R.S.B.C. 1996, c. 113.

Judgment Obtained under Bankruptcy and Insolvency Act

When applying to register a judgment obtained under the Bankruptcy and Insolvency Act, a judgment creditor must produce the certificate of judgment as well as a certified copy of the consolidation order. See s. 230 of the Bankruptcy and Insolvency Act.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Expiration and Renewal of Registration

See s. 91 of the Act.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 3, paras. 927 and 930.