Discontinuance of action
28(1)Where a certificate of pending litigation hereunder is registered, a clerk of the court in which the action was commenced may, upon application supported by an affidavit, issue a certificate verifying
(a)
that the action has been discontinued, or
(b)
that, in so far as the land affected by the lien involved in the action is concerned, the action has been dismissed or otherwise finally disposed of, that no appeal therefrom has been entered, and that the time limited for an appeal has expired.
28(2)A certificate issued under subsection (1) may be registered in the proper registry office and when so registered discharges
(a)
every lien sought to be enforced in the action, and
(b)
every certificate of pending litigation registered in relation to the action.
28(3)When a certificate issued under subsection (1) is registered in the proper registry office under this section, the registrar shall make due notation in his Mechanics’ Lien Index.
R.S., c.142, s.27; 1965, c.27, s.11; 1982, c.38, s.1; 1986, c.4, s.33