Notice to judgment creditor, cessation of registration, extension of registration period, registration of assignment
43(1)The registered owner or any person claiming an interest in the land against which a judgment is registered may, in writing, request the registrar to give to the judgment creditor a notice in prescribed form.
43(2)A request under subsection (1) shall be accompanied by an affidavit of the owner or some person having knowledge of the facts to the effect that
(i)
is not the same person as the owner, or
(ii)
holds the land as trustee; or
(i)
is not enforceable, or
43(3)Upon receipt by the registrar of a request under subsection (1), he shall give a notice in prescribed form to the judgment creditor by giving it to him or to the solicitor or agent who filed the application to register the judgment.
43(4)A judgment ceases to be registered upon the expiration of ninety days from the giving of the notice pursuant to subsection (3) unless, within that time, the judgment creditor files with the registrar who gave the notice an order of the court extending the period of registration of the judgment and in such case the judgment remains registered for the period determined by the order.
43(5)A judgment creditor may apply to the court for an order referred to in subsection (4), and the court may, on notice to the owner of the interest in the land against which the judgment is registered, make such order.
43(6)The registration period of a judgment that has been extended pursuant to subsections (4) and (5) may be further extended by an order of the court filed before the expiration of the original extended registration period.
43(7)The assignment of a judgment that has been registered may be registered if made in prescribed form.
43(8)Upon the registration of an assignment of a judgment, the interest of the assignor as set forth in section 41 with all rights, powers and privileges thereto appertaining passes to the assignee and the assignee thereupon is subject to the same limitations as if named in the original judgment to the extent of the interest assigned.
1983, c.45, s.16; 2013, c.32, s.18