Re: Estate of Marion Florence Delesalle, Deceased

Re: Estate of Marion Florence Delesalle, Deceased

The application was dismissed because s.260(2) of the Land Title Act requires an application to the Registrar for registration of a transmission and, even if the court had jurisdiction, it would not exercise its discretion to circumvent the statutory registration and appeal processes where an adequate mechanism exists and urgency did not justify bypassing it.

Citation
2007 BCSC 1527
Parties
Applicants / Executors and Trustees of the Estate of Marion Florence Delesalle, Deceased: Timothy Paul Delesalle; Kathleen Marie Barnett; Robert Brian Carrothers; Respondent / Registrar of Land Titles: Ian C.B. Smith, Registrar of New Westminster Land Title District; Deceased / Estate (subject of Application): Marion Florence Delesalle
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 April 2007
Procedural Posture
Application to Vest Property / Estate Administration / In Chambers Application for Declaration to Vest Property in Executors; Oral Reasons; Application Dismissed
Outcome
Application dismissed
Legal Topics
Vesting Order, Transmission of Estate, Registrar Jurisdiction, Statutory Appeal Mechanism, Indefeasible Title, Land Transfer Tax Avoidance
Source Language
English
Land Title/registration Estate Administration Trusts and Estates Property Tax Civil Procedure Vesting Order Transmission of Estate Registrar Jurisdiction +3 more

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Parties

Timothy Paul Delesalle; Kathleen Marie Barnett; Robert Brian Carrothers

Applicants / Executors and Trustees of the Estate of Marion Florence Delesalle, Deceased

Ian C.B. Smith, Registrar of New Westminster Land Title District

Respondent / Registrar of Land Titles

Marion Florence Delesalle

Deceased / Estate (subject of Application)

Procedural Posture

Application to Vest Property / Estate Administration / In Chambers Application for Declaration to Vest Property in Executors; Oral Reasons; Application Dismissed

Legal Issues

  1. 1 Whether court has jurisdiction to grant a declaration vesting land without first applying to the Registrar under s.260(2) of the Land Title Act
  2. 2 Whether the court should exercise its discretion to pre-empt the Registrar and bypass the statutory appeal mechanism in Part 21
  3. 3 Whether urgency of a pending sale justifies circumventing the statutory registration process

Ratio Decidendi

The application was dismissed because s.260(2) of the Land Title Act requires an application to the Registrar for registration of a transmission and, even if the court had jurisdiction, it would not exercise its discretion to circumvent the statutory registration and appeal processes where an adequate mechanism exists and urgency did not justify bypassing it.

Court Disposition

Application dismissed

Orders

  • Application dismissed