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In This Volume

  • 90 (1) Even though payment has been made under section 89(11), if the registrar has cancelled the registration of a judgment under section 89 and the owner against whose land the judgment was registered has sustained damage or incurred costs or expenses, by reason of the judgment creditor without reasonable cause having registered the judgment, the owner may apply to a court for compensation.
  • (2) The court may award a sum it considers just, taking into account the amount paid or to be paid under section 89(11).
  • (3) The court may take into consideration evidence that all proper and necessary steps were not taken by the judgment creditor to ensure that the judgment debtor was the same person as the registered owner whose name is similar.
  • (4) A registered owner may make a claim for compensation under this section against a judgment creditor by reason of his or her having registered a judgment against a person alleged to be a judgment debtor and to have acquired from or through a registered owner, by transfer, transmission or otherwise, an estate or interest in the land in question.



See Di Castri, Registration of Title to Land, vol. 3, para. 954.