Williams v. Box

Williams v. Box

The amended s.126 must be read to preserve the equitable jurisdiction of competent courts to open statutory foreclosure proceedings and permit redemption in the same manner and on the same grounds as ordinary foreclosures (subject to protection of bona fide purchasers), and sections 52 and 71 empower courts to require the registrar to cancel or correct registers and certificates to give effect to such orders.

Citation
(1910) 44 SCR 1
Parties
Appellant (plaintiff, Mortgagor): Jane Williams; Respondent (defendant, Mortgagee): John Box
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 November 1910
Procedural Posture
Appeal (mortgage Foreclosure) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba; Trial Below Before Mathers J. (king's Bench, Manitoba)
Outcome
Appeal allowed with costs
Legal Topics
Foreclosure, Redemption, Torrens System, Certificate of Title, Jurisdiction Under Real Property Act (manitoba)
Source Language
English
Property Law Mortgage Law Equity Statutory Interpretation Foreclosure Redemption Torrens System Certificate of Title +1 more

Case Brief

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Parties

Jane Williams

Appellant (plaintiff, Mortgagor)

John Box

Respondent (defendant, Mortgagee)

Procedural Posture

Appeal (mortgage Foreclosure) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba; Trial Below Before Mathers J. (king's Bench, Manitoba)

Legal Issues

  1. 1 Whether s.126 as amended preserved the court's equitable jurisdiction to open statutory foreclosure proceedings and allow redemption despite issuance of a certificate of title
  2. 2 Whether the district registrar's foreclosure under ss.113-114 could be reopened by the courts and a certificate cancelled in absence of fraud where no bona fide purchaser for value intervened
  3. 3 Whether the Registrar's procedural notice and conduct deprived the mortgagor of natural justice and rendered the foreclosure void or voidable

Ratio Decidendi

The amended s.126 must be read to preserve the equitable jurisdiction of competent courts to open statutory foreclosure proceedings and permit redemption in the same manner and on the same grounds as ordinary foreclosures (subject to protection of bona fide purchasers), and sections 52 and 71 empower courts to require the registrar to cancel or correct registers and certificates to give effect to such orders.

Court Disposition

Appeal allowed with costs

Orders

  • Appeal allowed with costs here and in the courts below
  • Plaintiff entitled to redeem the mortgaged premises within a reasonable time to be fixed by the prothonotary (or as otherwise ordered by the trial court)