Purpose of Form:
To record a notice or certificate of lis pendens against one or more land titles parcels in accordance with subsection 18(16) and Section 58 of the Land Registration Act.
Refer to the Builders’ Lien Act (subsection 26(1) & 26(1A)) for the appropriate forms to use when submitting documents relating to builders’ liens. Also see Land Registration Act subsection 58(1) for recording a lis pendens relating to land registration parcels.
This document will remain in the parcel register until either the lis pendens is discharged by a court order dismissing the action or will expire five years based on the date of recording of the certificate of lis pendens in the parcel register.
There is no automatic removal of the document from the parcel register on expiry, as there is in the case of judgments. An authorized lawyer will remove the interest by operation of law on a Form 24 if it is his/her professional opinion that the lis pendens has expired and no longer has any effect.
Instrument Type: 826
LR or ROD: This document is recorded under the Land Registration system only.
Mandatory E-Submission Applies: No (currently no electronic F19 exists)
Note: A lawyer wishing to e-submit a Form 19 may do so by attaching it to a Form 26E.
Fee Required: Yes
Accompanying Instrument Required: No (If e-submitting, Form 26E is required to be attached).
Acceptance Criteria for Form 19:
Correct registration district is provided
Form 9 includes only LR PIDs
Number of PIDs on form does not exceed 9
Particulars of action have been completed (date, parties, court file #)
Note: If claim is for builder’s lien, amount of claim added is completed
Interest holder name and type (Claimant / Plaintiff) and complete mailing address has been provided
Form has been dated and signed by the Prothonotary (or Deputy)
Supporting Form(s)/Documents required:
If there are also non-land registration parcels affected, in addition to the Form 19, a Form 44 must be attached to a separate Certificate of Lis Pendens in Form E (see Schedule “E” to the Builders’ Lien Act) for recording under the Registry Act.