Cancelling a Certificate of Pending Litigation by applying to the Land Title Registry

Last revised September 12, 2024

A Certificate of Pending Litigation (CPL) is a Land Title Act form used when a party to an action is claiming an interest in land. A CPL protects a valid interest in land until litigation is resolved; once a CPL is registered, the land title is ‘frozen’ and cannot be changed until the CPL is cancelled. 

The procedure to cancel a Certificate of Pending Litigation depends on how the action was resolved. The Land Title Act discusses these different potential resolutions in sections 252 to 258. In certain circumstances, it is appropriate to apply to the Land Title Registry to cancel the CPL. 

If action discontinued

Under section 253 of the Land Title Act, a CPL can be cancelled if an action has been discontinued. To do so, a person must apply to the Land Title Office using Form 17 Cancellation of Charge, Notation or Filing. This form can be completed and filed online through the LTSA website or by mail or in-person. With this application, they must also include a certificate from the court registrar confirming that the action has been discontinued. An image of the acceptable form of the court registrar’s certificate is available in CLE’s Land Title Practice Manual and on the LTSA’s Land Title Practice Manual on section 253. 

There are some exceptions to the need to obtain a certificate of the registrar of the court. These are: 

• If a mortgagee applies to register a Form A transfer from a mortgagor, the Registrar of Land Titles can permit the merging of the mortgage and the cancellation of the CPL by written request on the application. 
• If a vendor applies to register a Form C under agreement for sale, the Registrar of Land Titles can permit the cancellation of the CPL by written request on the application. 
• When a holder of a registered charge or builders lien claim also holds a registered CPL and gives unqualified discharge of the charge or claim, the applicant can apply for cancellation without need for the court registrar’s certificate. 

These exceptions can also be found in the LTSA’s Land Title Practice Manual s. 253 and CLE Land Title Practice Manual. 

If the action was discontinued due to a settlement being reached and the consent order has already been filed, the parties must follow the above procedure to have the CPL cancelled. 

If action dismissed

There are two ways to cancel a CPL if the proceeding has been dismissed. 

Under section 254 of the Land Title Act, a CPL can be cancelled if an action is dismissed, and no appeal has been filed/the time to appeal has passed or an appeal was filed and then dismissed. To do so, a person must apply to the Land Title Office using Form 17 Cancellation of Charge, Notation or Filing. This form can be completed and filed online through the LTSA website or by mail or in-person. They must also include a certificate from the court registrar, endorsed by the Court of Appeal, showing that the proceeding has been dismissed and the time limit to appeal has passed or, in cases where an appeal was filed, that the appeal has been disposed of and the dismissal from the lower court remains in effect. An image of the acceptable form of the court registrar’s certificate is available in CLE’s Land Title Practice Manual and in the LTSA’s Land Title Practice Manual in section 254. 

Section 25 of the Land Title Regulation, B.C. Reg 334/79, allows an owner of land who cannot or does not want to wait for the appeal period to expire to apply to cancel the CPL using Form 17 Cancellation of Charge, Notation or Filing. They must include a court certified copy of the original order dismissing the action and consent of the cancellation from the party who filed the CPL. To apply under the Regulation, the party themselves must consent to the dismissal order, not their lawyer. If the applicant does not provide proof of the party’s consent to the dismissal, the Registrar of Land Titles will issue notice in accordance with s. 294.6(e) of the Land Title Act to cancel the CPL. 

If the action was dismissed due to a settlement being reached and the consent order has already been filed, the parties must follow the above procedure to have the CPL cancelled.

If action neither dismissed nor discontinued

Under section 255 of the Land Title Act, the party who initiated the proceedings or their lawyer may apply to have the CPL cancelled. Applicants can apply with Form 17 Cancellation of Charge, Notation or Filing, and must include the written request of the party or their lawyer asking for the CPL to be cancelled. If the application is being made by a self-representing party, their written request must be witnessed and signed by a lawyer, notary, or other person qualified to take affidavits.  Images of the acceptable form of the written requests by a lawyer and a self-representing party are in CLE’s Land Title Practice Manual and the LTSA’s Land Title Practice Manual in section 255.

When parties reach a settlement, the initiating party can request removal of a CPL pursuant to s.255 prior to filing a consent dismissal order to resolve the court matter. 

If prior application regarding land title is pending when CPL filed

In some cases, a CPL may be received by the Land Title Office while a prior application to register an indefeasible title or charge is pending. If the prior applicant is not a party to the proceeding, the Registrar of Land Titles will cancel the CPL and notify the person applying for the CPL. See Land Title Practice Manual section 217 for more discussion.

See also: Cancelling a Certificate of Pending Litigation by court order

Content reviewed August 22, 2024