191 Registration of judgment, order or certificate
judgment, order or certificate made in any proceedings of a court
that operates to cancel a certificate of title, terminate an interest in
land or discharge an instrument, a caveat or an order made under
section 69 of the Law of Property Act unless the judgment, order or
certificate
(a) is consented to by all the parties to the proceedings or t heir
solicitors,
(b) was granted ex parte and st ates that it does not have to be
served on any person,
(c) is accompanied with a wr itten undertaking from those
persons having a right to appeal from the judgment, order or
certificate, or their solicitors, that no appeal from the
judgment, order or certificate will be commenced,
(d) is accompanied with a certif icate of the clerk of the court
that issued the judgment, order or certificate to the effect
(i) that no defence or demand of notice of proceedings has
been filed in the proceedings on behalf of any defendant,
or
(ii) that the time for appeal f rom the judgment, order or
certificate has expired and that no notice of appeal has
been filed,
o r
RSA 2000
(e) is accompanied with a certif icate of a solicitor to the effect
(i) that an appeal to the Cour t of Appeal has been finally
disposed of or discontinued, that the time for an appeal
to the Supreme Court of Canada has expired and that no
notice of appeal has been filed, or
(ii) that the judgment, order or certificate has been appealed
to the Supreme Court of Canada and that the appeal has
been finally disposed of or discontinued.
(2) If a judgment, order or certificate referred to in subsection (1)
has been appealed to the Court of Appeal or to the Supreme Court
of Canada, a copy of the final judgment shall accompany the
solicitor's certificate referred to in clause (e) of that subsection.
(3) This section does not apply to
(a) an order removing a builders' lien or removing a certifica te
of lis pendens with respect to a builders' lien, or
(b) a judgment, order or certif icate that expressly states that it
shall be registered notwithstanding the requirements of
subsection (1).
RSA 2000 cL-4 s191;2022 c23 s1