POLICY:
Judgments that were issued prior to March 24, 2003 were effective for a period of 20 years from the date of issue, unless satisfied and on the coming into force of the LRA, a judgment recorded pursuant to the Registry Act before March 24, 2003 had effect for twenty years.
Effective March 24, 2003, a judgment has effect for five years from the date of issue, with an option to renew the judgment up to three times for a total of an additional 15 years and the renewal must be recorded prior to the judgment expiring
Purpose of Form:
This form is used by a judgment creditor or their agent to renew a five year judgment which has not yet expired and which was recorded on or after March 24, 2003 in accordance with subsection 66(5) of the Act.
A first renewal of a judgment must be recorded within five years of the date of the original judgment. Subsequent renewals (second and third) must be recorded within five years of the date of recording of the most recent renewal.
Any renewals that are not received prior to the judgment expiring as above, will be rejected by staff. Once a judgment or renewal has expired, there is no ability to record a renewal against it.
The current wording of Section 66 (4) of the Land Registration Act dictates when a judgment is considered to be removed from the roll:
A judgment shall be removed from the roll on the earliest of
a. cancellation of the recording;
b. the recording of a certificate of the registrar, prothonotary or clerk of the court that issued the judgment that the judgment was set aside;
c. expiration of the time for which the judgment was recorded;
d. the recording of a release of the judgment signed by the plaintiff, the solicitor for the plaintiff or the registrar, clerk or prothonotary of the court that issued the judgment ; and
e. the expiration of five years from the date of the judgment or the date of the recording of the latest renewal of the judgment
NOTE: Section 66(4)(e) of the Land Registration Act was amended on May 4, 2009 to change the expiry date of a judgment from “…the expiration of five years from the date of recording of the judgment…” to “the expiration of five years from the date of the judgment…”
Instrument Type: 715 (First Renewal)
716 (Second Renewal)
717 (Final Renewal)
LR or ROD: Despite the fact that judgments and judgment related documents are land titles documents and governed by the Land Registration Act, they must be searchable in a names-based index. For this reason, the document is indexed under the Registry of Deeds system so that a name search of the judgment debtor can be conducted.
Mandatory E-Submission Applies: No (currently no electronic F16 exists)
Fee Required: Yes
Accompanying Instrument Required: No (the registrar will associate the renewal to the judgment and related judgment documents as applicable)
Acceptance Criteria for Form 16:
Judgment or renewal being renewed has not expired
Same type of a renewal has not been previously recorded (i.e. if a First Renewal is being submitted and a First Renewal is already associated to the judgment, then a duplicate renewal is not acceptable)
Name of debtor(s) and creditor (s) is provided and matches name(s) on judgment
Note the following:
If the name has changed, registry staff expect to see both names on the form as it is a requirement that the name as shown on the judgment be provided on the form. In this case you would provide the new name and then the name as it appeared on the judgment with a qualifier (ex: formerly known as, or in the case of a company – successor to….).
If the judgment was assigned, the name of the assignee must also be provided on the form.
A complete mailing address for the creditor is provided (a mailing address for the debtor is not required)
NOTE: if the judgment was assigned, the mailing address for the assignee may appear either with the Creditor name or with the assignment information provided under the First Renewal section.
A box has been selected for one of the following options: First Renewal, Second Renewal or Third Renewal and the applicable information is provided;
court file number (must match the original judgment)
date issued by the court
recording particulars of the original judgment is provided and must match the document number in the GGI (date of recording, document # and year, including book/page if applicable)