Purpose of Form:
This form acts to cancel the recording of a judgment in the judgment roll with a certificate of satisfaction signed by the Prothonotary (or Deputy) for the Supreme or Provincial Court, or by a Court Official for the Federal Court. The effect of the recording of this form is to remove the judgment from the judgment roll.
The recording of the Form 47 also results in the removal of the satisfied judgment from any parcel registers in which the judgment is shown as a current enabling instrument. This is accomplished through a nightly system process which searches for these judgments in parcel registers, removes them and displays them in the parcel archive view with the Form 47 as the removal document.
Note: If the judgment continues to appear in land titles parcel registers, despite the recording of a Form 47 after more than one business day, the applicable LRO should be notified.
Instrument Type: 709
LR or ROD: Despite the fact that judgments come under 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: Yes (if the submitter is an Authorized Lawyer)
Fee Required: Yes
Accompanying Instrument Required: No
Acceptance Criteria for Form 47:
Form (1st Page)
Correct registration district is provided
Submitter user number and name – Not required
Debtor(s), creditor and judgment recording particulars on form matches judgment
Note:
At a minimum, we require a reference to a recorded judgment. It isn't acceptable if the reference provided is only for the renewal.
Form 47-E will always show the Creditor as "In The Matter Of".
Reference of judgment is provided - Book/Page and/or document number and year. If the document number provided is 'unique' (where a document number is 8 digits or more, a year is not required).
Form 47 is dated and signed
Certificate of Satisfaction (2nd Page)
Court file # and name of Court is completed and matches the judgment
Title of proceeding is completed (lists defendants and plaintiffs) and matches the judgment
Date of judgment, amount of judgment and *date satisfied are completed
*Exception: the date satisfied will not appear in a Certificate of Satisfaction from the Small Claims Court as this does not form a part of their prescribed form.
Form 47 is dated, and signed by either;
o Prothonotary (or Deputy), if issued by a Supreme or Provincial Court
OR
o Federal Court Official, if issued by a Federal or Small Claims Court
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.
NOTE: Small Claims Court documents must have the seal present on any document that was signed on or after July 3rd, 2014
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.