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Bulletin information:

Issue Date: December 24, 1984
Legislation: Courts of Justice Act, 1984, S.O. 1984, c.11

Bulletin content:

The Court of Justice Act, 1984 was proclaimed in force on January 1, 1985. The Act replaces the Judicature Act and related legislation affecting the courts and legal proceedings. There are two significant amendments which relate to land registration.

Section 116 provides for the registration in the land registry office of a certificate of pending litigation (formerly known as a certificate of lis pendens). A certificate of pending litigation in the prescribed form may be registered directly against the land under either the Registry Act or the Land Titles Act (see Form 42A of the Rules of Civil Procedure, which appears at the end of the Bulletin). Section 190, which contains a complementary amendment, repeals subsection 135(1) of the Land Titles Act. As a result of the above, Bulletin 82030 is superseded.

Subsection 177 (3) adds section 29a to the Execution Act. Section 29a provides that a writ of execution based on a personal judgement against a partner does not bind partnership land. The judgement can only be enforced against the partner’s share of the profits by means of a receiving order.

A charge in the indexing procedures for executions may be required in some offices as a result of the enactment of section 29a. Effective immediately, all writs of execution against partnerships must be indexed against the partnership name in addition to being indexed against the names of individual partners.

Land Registrars in the land titles system are advised as of January 1, 1985 that where there is any dealing with land where the ownership of such land is as partnership property and the partnership name is provided, the following procedures apply to execution searches:

  1. If a land registry office has been indexing executions against the partnership name in addition to the names of individual partners since January 1, 1979, a search should be made only against the partnership name. There is no need to search executions against individual partners.
  2. Where executions have not been separately indexed against the partnership name since January 1, 1979, searches must also be made against the names of all the individual partners to determine if any execution affects partnership land. This procedure will have to continue until executions have been indexed against the individual and partnership names for a period of six years. After that period, the procedure in paragraph 1 shall be followed. An execution indexed against an individual partner will only bind the partnership land if the execution debtor is the partnership.

The above procedures also apply where there is any dealing with land described as partnership property where the parcel register does not indicate the partnership name. In this circumstance, a statutory declaration must be provided in which the deponent states the name of the partnership to enable a search to be made against the name.

Form 42A - Certificate of Pending Litigation​

Original signed by:

Allen Doppelt, Solicitor