Purpose of Form:
This form is used by a creditor to record a judgment, also referred to as a certificate of certificate registration, against a judgment debtor in the judgment roll. The Form 46 acts as both the cover form and the judgment document. .
An unsatisfied judgment recorded on or after March 24, 2003 and before May 4, 2009 will appear in the judgment roll for five years from the date of recording of the judgment.
Based on the implementation of Bill 156 on May 4, 2009; an unsatisfied judgment recorded on or after May 4, 2009 will appear in the judgment roll for five years from the date of the judgment (date the judgment was entered in the court) and not the recording date.
All judgments remain in the judgment roll unless removed based on expiry or a full satisfaction/discharge.
A Form 46 does not act to add judgments to specific parcels, whether they are land titles or traditional registry parcels. Judgments being added to parcels can only take place at the time of migration (AFR), on a subsequent revision (Form 24) that is transferring ownership, or on a correction of a previously submitted CLE (Form 6A).
Instrument Type: 707
LR or ROD: Despite the fact that judgments and judgment related documents are land titles documents, 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: Yes (if the submitter is an Authorized Lawyer, as defined in the Regulations)
Fee Required: Yes
Accompanying Instrument Required: No
Acceptance Criteria for Form 46:
Registration district can be provided, left blank, indicate another registration district, multiple registration districts, or show ‘various’ or ‘multiple’, as applicable
Note: If a judgment is being paper submitted, it is very important that the submitter indicates which registration district the judgment must be recorded in, particularly since many land registration offices have closed and documents for multiple districts must now be sent to their respective regional office. If the registration district is not provided on the Form 46 or if the judgment is being recorded in a different registration district other than indicated on the Form 46, the submitter must include a cover letter for staff that specifies which registration district the judgment will be recorded in.
Submitter user number and name - Not required
Court File Number and Name of Court - Required
Title of proceeding is completed (lists defendants and plaintiffs)
Form complies with Judgment Recording Requirements, regarding name, mailing address, and other information.
The name of the debtor and creditor listed in the body of the judgment are present as parties in the “Title of Proceeding/Style of Cause”
NOTES:
It is not acceptable if the judgment only refers to the 'plaintiff' and 'defendant' without providing any names
If the name of the plaintiff in the style of cause differs from the creditor named in the body of the judgment; the judgment will only be acceptable if this discrepancy is based on a restitution order and that information has been provided in the 'other information' field for the creditor. The lawyer will have to add a statement to that effect as follows; "Claimant/Creditor is named in a restitution order granted on (applicable date)."
Typically the plaintiff is a government body who proceeded with a court action on behalf of an aggrieved party and if restitution was awarded, the body of the Restitution Order will name the aggrieved party who was granted a judgment amount. This Restitution Order is what the Form 46 Judgment is based upon and in this case the style of cause must reflect the party who initiated the court action,(i.e. HMQ), which will differ from the party who was awarded restitution/judgment, (i.e. Acme Ltd ), the creditor that is named on the Form 46.
Name of lawyer – This field may or may not be completed depending on whether or not a lawyer is involved.
Debt and judgment amount is included (may also contain interest and costs)
Form 46 is signed by either;
o Prothonotary (or Deputy), if it was issued by a Provincial/Supreme Court
OR
o Federal Court Official, if it was issued by a Federal Court
Date (Day, Month, and Year) indicating when the Judgment was entered into the records of the Court is required.
Complies with Acceptance Criteria for Court Documents;
Supreme Court Documents
o Original copy – will contain the embossed seal and be date stamped. The original is given to the client for recording.
o Certified copies – any court certified copy presented for recording will contain a red rubber seal of the embossed court seal and will be date stamped, (the date can appear on either the rubber stamp or certification stamp). The document will also display a certified copy stamp that states that “it is a true copy of the original”. The following information must be contained on the stamp for the document to be accepted: the name of the court, notation that it is a true copy of the original, the date the certified copy is made and the signature of the Prothonotary or Deputy Prothonotary.
Provincial/Small Claims Court Documents
o Documents that have been issued by the Provincial Court or Small Claims Court will be signed by a court official. These documents may or may not be date stamped. A date stamp is not a requirement for acceptance of documents issued by these courts.
Federal Court Documents
o Documents that have been issued by the Federal Court will be signed by a federal court official and will contain the seal of the federal court. A date stamp is not a requirement for acceptance of federal court documents.
If judgment was issued out of another Provincial Court; See: Out of Province Judgments for further details.
Note the following;
a) Unrecorded judgments dated prior to March 24, 2003: 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. If an older judgment was not recorded, and submitted now, that judgment falls under the new rules and expired five years from date of issuance of the judgment. Since the judgment was entered into the court records prior to March 24, 2003 – the judgment has expired and cannot be accepted for recording, pursuant to
s. 66 (4)(e) of the LRA.
b) Judgments recorded from May 4th 2009 to present: The date of expiry is based on 5 years from the date the judgment was entered or registered in the applicable court (not the given under seal date), as follows;
o Federal judgments: the date the certificate was duly registered in the courts
o Provincial judgments: the date it was entered into the records of the court
o Small Claims Court: the date it was entered into the records of the court
c) Amended Judgments: Prior to submitting an amended judgment, the following must be taken into consideration;
o If the original judgment was recorded, it must not have expired in order for the amendment to be recorded
o If the judgment was not previously recorded, then the expiry date of the amendment will be based on the date that the judgment was entered in the court records.