Customers are advised Ministerial Order MO98 outlines the suspension of mandatory limitation and time periods during the current state of emergency due to COVID-19. It replaces MO86 and specifically, except as noted in s.2(2) of MO98, the suspension applies to “every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding claim or appeal is commenced in the Provincial Court, Supreme Court or Court of Appeal”.
As a result, until MO98is rescinded or amended, customers should take note of the following implications for Wills, Estate and Succession Act (WESA) related land title applications:
- When the personal representative of a deceased person with a will effects a distribution that transfers an interest to a beneficiary, the Registrar, on receiving the application, will endorse the affected title with a legal notation that confirms the transfer is subject to WESA, in accordance with s.69 of WESA. Now, due to MO98, this notation will apply even after the 210-day period under s.155 of WESA has elapsed because MO98 indefinitely suspends the 180-day deadline for filing a wills variation claim (s.61 of WESA) or claim against an estate (s.146 of WESA).
- This also means that applications to release a WESA legal notation due to effluxion of time are not registrable, even if submitted after the 210-day period has passed. Only if the 210-day period ended prior to MO86 coming into effect (March 26, 2020) will the application to release a WESA legal notation be considered.