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25 Powers Of Court, Registrar Or Gold Commissioner To Remove Claim Of Lien

In This Volume

  • 25 (1) An owner, contractor, subcontractor, lien claimant or agent of any of them may at any time apply to the court, registrar or gold commissioner and the court, registrar or gold commissioner may cancel a claim of lien if satisfied that
  • (a) a lien is extinguished under section 22 or 33,
  • (b) an action to enforce the claim of lien has been dismissed and no appeal from the dismissal has been taken within the time limited for the appeal,
  • (c) an action to enforce the claim of lien has been discontinued, or
  • (d) the claim of lien has been satisfied.
  • (2) An owner, contractor, subcontractor, lien claimant or agent of any of them may at any time apply to the court and the court may cancel a claim of lien if satisfied that
  • (a) the claim of lien does not relate to the land against which it is filed, or
  • (b) the claim of lien is vexatious, frivolous or an abuse of process.
  • (3) An application under subsection (1) or (2) may be made without notice to any other person.

1997-45-25, effective February 1, 1998 (B.C. Reg. 1/98).