61 (1) Where the person entitled to receive the mortgage money and to discharge a registered mortgage is not the original mortgagee, the person shall, at the person’s own expense, cause to be registered before the registration of the certificate of discharge all the instruments or documents through which the person claims interest in and title to the mortgage money, and until those instruments or documents are registered the certificate of discharge shall not be registered.  R.S.O. 1990, c. R.20, s. 61 (1). Where document lost or destroyed (2) Where it is made to appear to a judge of the Superior Court of Justice that any instrument or document through which any person claims interest in and title to mortgage money has been destroyed or cannot be found, the judge may, upon such evidence by affidavit or otherwise as the judge may consider proper, dispense with the registration thereof and thereupon shall endorse upon the certificate of discharge or firmly attach thereto his or her order directing the land registrar to register the certificate of discharge despite the failure to register the instrument or document, and the land registrar shall thereupon register the certificate of discharge.  R.S.O. 1990, c. R.20, s. 61 (2); 2000, c. 26, Sched. B, s. 17 (5). Contents (3) The certificate shall mention the date of registration and the registration number of, (a)  each of the instruments or documents through which the person executing the certificate claims interest in and title to the mortgage money; and (b)  every other registered instrument relating exclusively to the mortgage.  R.S.O. 1990, c. R.20, s. 61 (3). Powers of attorney (4) This section applies to powers of attorney where the certificate of discharge or prior instrument or document is executed by attorney, except that it is sufficient in the certificate of discharge to state the date of each instrument, document or power of attorney and the names of the parties thereto, and to endorse on the certificate the date of registration and registration number of each instrument, document, or power of attorney, which endorsement shall be signed by the person who signed the certificate, or his or her attorney or agent, and the endorsement shall be deemed to be part of the certificate.  R.S.O. 1990, c. R.20, s. 61 (4). Application to judge for order to register instruments authorizing discharge to be given (5) Where the person whose duty it is to register such instruments or documents refuses or neglects to register them within fifteen days after payment of the mortgage money to the person, the person entitled to redeem the mortgage may, on giving ten days notice in writing to the person so refusing or neglecting, apply in a summary manner to a judge of the Superior Court of Justice for an order directing that the person so refusing or neglecting shall within a time to be fixed by the judge register the instruments or documents at the person’s own expense, and the judge, upon being satisfied by affidavit or oral evidence that the application is a proper one, may make the necessary order.  R.S.O. 1990, c. R.20, s. 61 (5); 2000, c. 26, Sched. B, s. 17 (5). Powers of judge (6) On being satisfied of the due service of the notice the judge may proceed in the absence of the person so refusing or neglecting.  R.S.O. 1990, c. R.20, s. 61 (6). Form of notice (7) The notice shall state that it is given in pursuance of this section.  R.S.O. 1990, c. R.20, s. 61 (7). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 17 (5) - 06/12/2000 2012, c. 8, Sched. 51, s. 26 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2022