Elford v. Elford

Elford v. Elford

The transfer executed by the husband as attorney to himself was a fraud on the power of attorney and therefore void; the registered owner (the wife) is entitled to have that transfer set aside without relying on the prior fraudulent arrangement that put title in her name, and the husband cannot invoke that...

Source-derived case information.

Citation
(1922) 64 SCR 125
Parties
Plaintiff / Respondent: Mercie A. Elford; Defendant / Appellant: Harry H. Elford
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 June 1922
Procedural Posture
Civil Appeal to Supreme Court of Canada (property/family) / On Appeal From the Court of Appeal for Saskatchewan (trial Judgment Appealed)
Outcome
Appeal dismissed; judgment of the Court of Appeal for Saskatchewan affirmed; transfer to husband set aside
Legal Topics
Fraudulent Conveyance, Power of Attorney, Agency Abuse (agent Conveying to Self), Constructive/resulting Trust, Creditor Protection, Registration Under Land Titles Act, Clean Hands / Ex Dolo Malo
Source Language
english
Family Law Property Law Equity Agency Law Fraud Land Registration Fraudulent Conveyance Power of Attorney +5 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mercie A. Elford

Plaintiff / Respondent

Harry H. Elford

Defendant / Appellant

Procedural Posture

Civil Appeal to Supreme Court of Canada (property/family) / On Appeal From the Court of Appeal for Saskatchewan (trial Judgment Appealed)

Legal Issues

  1. 1 Whether a transfer executed by an attorney in favour of himself is void as a fraud on the power of attorney
  2. 2 Whether the registered wife must rely on or disclose the earlier fraudulent purpose that caused her title to be in her name to obtain relief against the husband
  3. 3 Whether the husband may rely on the original fraudulent arrangement (to defeat creditors) to defend his wrongful transfer

Ratio Decidendi

The transfer executed by the husband as attorney to himself was a fraud on the power of attorney and therefore void; the registered owner (the wife) is entitled to have that transfer set aside without relying on the prior fraudulent arrangement that put title in her name, and the husband cannot invoke that illegality to justify his misappropriation of title.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Saskatchewan affirmed; transfer to husband set aside

Orders

  • Transfer from plaintiff to defendant set aside and to be re-transferred to the plaintiff
  • Appeal dismissed and judgment of the Court of Appeal for Saskatchewan affirmed