C.P.R. v. Turta

C.P.R. v. Turta

Majority held that the omission of the petroleum reservation in the early certificate did not constitute a misdescription within s.104(e); certificate No. 424 had been effectively cancelled and therefore s.104(f) (prior certificate) did not apply; the registrar's 1943 corrections, which would prejudice rights conferred for value, were beyond statutory authority and of no effect; accordingly bona fide purchasers for value holding an uncancelled certificate (Anton Turta) acquired indefeasible title to the petroleum and the appeal was dismissed.

Citation
[1954] SCR 427
Parties
Appellant / Defendant: Canadian Pacific Railway Company Ltd.; Appellant / Defendant: Imperial Oil Limited; Respondent / Plaintiff: Anton Turta; Third Party Respondent: William Sereda; Third Party Respondent: Montreal Trust Company; Third Party Respondent: Nick Turta
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 May 1954
Procedural Posture
Appeal From Appellate Division of the Supreme Court of Alberta; Action to Determine Title to Petroleum Rights / Supreme Court of Canada Decision on Appeal (final Disposition)
Outcome
Appeal dismissed; judgment below affirmed awarding title to respondent Anton Turta to petroleum rights subject to statutory exceptions
Legal Topics
Misdescription, Indefeasible Title Under Torrens System, Reservations of Minerals, Registrar Correction Powers, Prior Certificate of Title, Limitation of Actions
Source Language
English
Property Law Land Titles Real Property Mineral Rights Misdescription Indefeasible Title Under Torrens System Reservations of Minerals Registrar Correction Powers +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Canadian Pacific Railway Company Ltd.

Appellant / Defendant

Imperial Oil Limited

Appellant / Defendant

Anton Turta

Respondent / Plaintiff

William Sereda

Third Party Respondent

Montreal Trust Company

Third Party Respondent

Nick Turta

Third Party Respondent

Procedural Posture

Appeal From Appellate Division of the Supreme Court of Alberta; Action to Determine Title to Petroleum Rights / Supreme Court of Canada Decision on Appeal (final Disposition)

Legal Issues

  1. 1 Whether omission of reservation of petroleum in a certificate of title constitutes "misdescription" under s.104(e) of The Land Titles Act (Alta.)
  2. 2 Whether a prior certificate of title (No. 424) remained effective so as to defeat subsequent certificates under s.104(f)
  3. 3 Whether registrar corrections made in 1943 to add "petroleum" were authorized when they prejudiced rights conferred for value

Ratio Decidendi

Majority held that the omission of the petroleum reservation in the early certificate did not constitute a misdescription within s.104(e); certificate No. 424 had been effectively cancelled and therefore s.104(f) (prior certificate) did not apply; the registrar's 1943 corrections, which would prejudice rights conferred for value, were beyond statutory authority and of no effect; accordingly bona fide purchasers for value holding an uncancelled certificate (Anton Turta) acquired indefeasible title to the petroleum and the appeal was dismissed.

Court Disposition

Appeal dismissed; judgment below affirmed awarding title to respondent Anton Turta to petroleum rights subject to statutory exceptions

Orders

  • Appeal dismissed with costs to respondents
  • Declaration that Anton Turta is entitled to the petroleum in, upon and under the N.W. 1/4 of Section 17, Township 50, Range 26 W.4th M.