Toronto General Trusts Corp. v. The King

Toronto General Trusts Corp. v. The King

Majority held that mortgages on Alberta land registered under the Alberta Land Titles Act are property situate in Alberta and subject to Alberta succession duties; statutory registration and retention by the registrar fixes the situs in Alberta notwithstanding that a duplicate remained in the mortgagee's possession elsewhere; therefore the appeal is dismissed (Anglin J. dissenting).

Citation
(1917) 56 SCR 26
Parties
Appellant (defendant): Toronto General Trusts Corporation; Respondent (plaintiff): His Majesty the King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 October 1917
Procedural Posture
Taxation Appeal / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed (majority).
Legal Topics
Succession Duties, Situs of Debt, Mortgage Registration Under Torrens System, Specialty Debt, Land Titles Act
Source Language
English
Taxation Property Law Succession Law Private International Law Succession Duties Situs of Debt Mortgage Registration Under Torrens System Specialty Debt +1 more

Case Brief

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Parties

Toronto General Trusts Corporation

Appellant (defendant)

His Majesty the King

Respondent (plaintiff)

Procedural Posture

Taxation Appeal / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether a mortgage debt secured on Alberta land registered under the Alberta Land Titles Act is "property situate within the province" for purposes of the Succession Duties Act despite the mortgagee being domiciled elsewhere
  2. 2 Whether possession by the mortgagee of a duplicate original outside Alberta renders the specialty debt "conspicuous" outside Alberta and thus local to that domicile
  3. 3 Whether a mortgage executed under seal is a specialty debt and how that affects situs

Ratio Decidendi

Majority held that mortgages on Alberta land registered under the Alberta Land Titles Act are property situate in Alberta and subject to Alberta succession duties; statutory registration and retention by the registrar fixes the situs in Alberta notwithstanding that a duplicate remained in the mortgagee's possession elsewhere; therefore the appeal is dismissed (Anglin J. dissenting).

Court Disposition

Appeal dismissed (majority).

Orders

  • Appeal dismissed with costs.