The district registrar will not lapse an instrument through the thirty day notice process where appropriate proof of proceedings has been filed with them.
Builders’ liens
The district registrar will not lapse a builder’s lien from title where a pending litigation order drawn in accordance with Form 9 in the Schedule to The Builders’ Liens Act has been registered.
See section 50(1), The Builders’ Liens Act
It is important to note that the pending litigation order does not have to have been registered by the specific party served with the thirty day notice.
See section 61(1), The Builders’ Liens Act
Caveats and judgments
The district registrar will not lapse a caveat or a judgment from title where the registrant has, within the time period specified in the notice, filed with the district registrar proof of proceedings taken in the Court of Queen’s Bench to establish/protect their claim. This can include a pending litigation order.
See sections 75(12) and 150(1), The Real Property Act