Purpose of Form:
This form is used to record a partial release or full release of a judgment where the judgment creditor is releasing or partially releasing one or more, but not all debtors or parcels from the judgment. This differs from a Form 47 in that the Prothonotary (for the Supreme or Provincial Court) or by a Court Official for the Federal Court has not executed the full/partial release (second page of the Form 48) but rather it is executed / signed by the judgment creditor.
NOTE: Both pages of this form must be completed and it is not acceptable if a partial release document has been attached as a replacement for the second page. If you have a partial release document, it may be acceptable on a Form 48B if all necessary requirements are met.
See: Form 48B Guideline.
A partial discharge of judgment attached to this form cannot act to remove judgments or judgment related documents from either the judgment roll or parcel register(s).
An authorized lawyer who is prepared to certify that a partial discharge of judgment recorded on a Form 48 acts to remove a judgment from one or more parcel register(s) must also submit a Form 48A with a Certificate of Legal Effect in order to have the judgment removed from the applicable parcel register(s). In this case, the lawyer will complete both a Form 48 and a Form 48A (attaching a true copy of the Form 48 as the document that will be attached to Form 48A). As both forms are submitted together, only one recording fee is applicable.
A full release (709) will result in the removal of the judgment from any parcel registers that currently show the judgment as a recorded interest automatically by the system before the next business day. The removal is based on the system checking for judgments expired on that date that are currently shown in parcel registers and removing them with the 709 shown as the removal document in the parcel archive.
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: Full Release - 709
Partial Release - 710
LR or ROD: Despite the fact that judgment related documents come under the Land Registration Act, they must be searchable in a names-based index. For this reason, this 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 Form 48 exists)
Fee Required: Yes
Accompanying Instrument Required: No
Acceptance Criteria for Form 48:
1st Page:
Correct registration district is provided
Submitter user number and name – Not required
Book/Page and/or document reference of judgment is provided on the Form and matches the judgment recording particulars
Judgment creditor and debtor is provided on the Form and matches the body of the judgment
Choice on form re partial or full release is indicated and document matches selection
Form 48 is dated and signed by the interest holder or agent
2nd Page:
Court file # and name is completed
Title of proceeding is completed (lists defendants and plaintiffs) and matches the judgment
Date of judgment and date satisfied are completed
For a partial release of a judgment - one of the following must be present, based on whether a debtor or a parcel is being released;
Partial Release of a Debtor: the name of the debtor(s) being released must be provided in the body of the judgment
Partial Release of Lands: a full legal description of the parcel being released must be attached (a PID does not qualify as a description)
Form 48 is dated, and signed by either the judgment creditor, agent or assignee (if applicable)
Witness and an affidavit of execution (Certificate of Commissioner), are required