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registration of the declaration and description that made this Act applicable to the unit,

are claims against the interests of the owner in the land and interests appurtenant to the

land described in the description and have the same priority as they had before the

registration of the notice of termination; and

(e) all other claims against the property that were created after the registration of the

declaration and description that made this Act applicable to the property are

extinguished. 1998, c. 19, s. 127 (1).

Same, sale or expropriation

(2)

Upon the registration of a deed and a certificate under section 124 or upon

expropriation under section 126,

(a) this Act ceases to govern the property being sold or expropriated, as the case may be;

(b) claims against the land and interests appurtenant to the land, that were created before

the registration of the declaration and description that made this Act applicable to the

land, are as effective as if the declaration and description had not been registered; and

(c) claims against the property being sold or expropriated, as the case may be, that were

created after the registration of the declaration and description that made this Act

applicable to that property, are extinguished. 1998, c. 19, s. 127 (2).

Termination by court

128. (1)

A corporation, an owner, or a person having an encumbrance against a unit and

common interest, may make an application to the Superior Court of Justice for an order

terminating the government of the property by this Act. 1998, c. 19, s. 128 (1); 2000, c. 26,

Sched. B, s. 7 (7).

Grounds for order

(2)

The court may order that the government of the property by this Act be terminated if

the court is of the opinion that the termination would be just and equitable, having regard to,

(a) the scheme and intent of this Act;

(b) the probability of unfairness to the owners if the court does not order termination;

(c) the probability of confusion and uncertainty in the affairs of the corporation or of the

owners if the court does not order termination; and

(d) the best interests of the owners. 1998, c. 19, s. 128 (2).

Contents of order

(3)

The court may include in the order all provisions that it considers appropriate in the

circumstances. 1998, c. 19, s. 128 (3).

Registration of order

(4)

If the court makes an order terminating the government of the property by this Act, the

applicant shall register the order. 1998, c. 19, s. 128 (4).

Distribution of assets

129.

When the owners and the property cease to be governed by this Act,

(a) the assets of the corporation shall be used to pay all claims for the payment of money