Real Property

REAL PROPERTY

The Land Titles Act provides for the issuance of cautions under Sections 71 and 128 which have natural expiry dates 60 days after the date of registration or closing after which the caution is automatically deleted. Presently, as the courts are closed, there is no ability to seek a certificate of pending litigation (CPL) in the interim. For so long as the courts remain effectively closed, it will be practically impossible for the cautioner to demonstrate bona fide efforts to obtain a CPL or other judicial relief. Accordingly, the Director of Titles has advised that the LRO will consider granting second cautions, and thereafter successive Cautions until some reasonable time after the courts re-open, without requiring the cautioner to demonstrate bona fide efforts to obtain a CPL or other judicial relief. The cautioner will, however, still be required to seek permission for each caution after the initial one. The land registrar will, with each such request, still consider the bona fides of the caution itself. For more information see the letter from the Director of Titles here.

“Will the Land Registry Office be relaxing requirements for registered mail for the delivery of Titles Absolute Plus Notices (LTA Notices) and implementing temporary workarounds permitting alternative service methodologies for LTA Notices?”
 

The LRO has decided against relaxing any of the current requirements for registered mail as the initial form of delivery for all LTA Notices. As has always been the case, if, for whatever reason, the registered mail is returned, then the guide provides for approved forms of alternative service. For more information see the letter from the Director of Titles here.

“Will the Ontario land registration system will be “fast tracking’ the certification of splits (defined as self-to-self “parcellization” transfer based on a reference plan in order to set-up the PINs for the subsequent conveyance of multiple lots and vendors registering a transfer (self-to-self or to a third party) in order to effect a severance in anticipation for a future conveyance) if there are transactions scheduled to close after the registration of splits.”

The Land Registry Office has decided against the “fast tracking” of certification (or any other preferential treatment) for Splits. While the Land Registry Offices remain open for certification, this is certainly not “business as usual” and parties can expect some delays in certification times. The LRO will not be entertaining any requests, urgent or otherwise, for the expedited certification of splits. For more information see the letter from the Director of Titles here.

“Some mortgage lenders, are requiring signatures signed in the physical presence of lawyers to finalize mortgage documents. This is putting lawyers and clients at unnecessary risk.”

The OBA and CBA met about this issue with the Canadian Bankers Association, who is presently working with its members to address the concern. See Scotiabank’s positive statement to this effect, available here.