Canada Case Law

Wile v. Glenelg Homestead Ltd.

Court

Nova Scotia Court of Appeal

Payment of $1.00 in the quitclaim deed was nominal and not valuable consideration for purposes of s.18 of the Registry Act; therefore the respondent's prior conveyance (as reflected by the survey and parties' intent) has priority and the trial judge correctly ordered rectification of the Glenelg deed to reflect the surveyed property; post‑conveyance acts cannot supply consideration for an earlier conveyance and a deed under seal does not eliminate the need to prove valuable consideration for Registry Act priority purposes.

Source excerpt

• Priority of registered instruments
• Valuable consideration
• Bona fide purchaser for value without notice
• Rectification
• Deed interpretation
• Mortgage priority

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Wile v. Glenelg Homestead Ltd.

Court

Nova Scotia Court of Appeal

Although the applicant did not meet the traditional test for extension, the court exercised its discretion and granted a short extension because the applicant was self-represented, missed the deadline by a very short time, acted in good faith, the trial judge made no adverse credibility findings, and there was no evidence of prejudice from a short delay; conditional strict timetabling was imposed to protect finality.

Source excerpt

• Extension of time
• Priority of title
• Registry act s.18
• Quit claim

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Vinland Holdings Ltd. v. Penick

Court

Supreme Court of Nova Scotia

The opening recital paragraph and paragraph 8 of the recorded statutory declaration assert an adverse claim in relation to the Applicant's right-of-way and constitute a document in the nature of a caveat; those portions are not recordable instruments under s.2(e) of the Registry Act and are struck from the declaration under CPR 38.11; the remaining portions are factual and remain within the purview of the Registry Act.

Source excerpt

• Statutory declaration
• Caveat
• Prescription
• Right-of-way
• Registrability
• Striking of affidavits

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The Estate of Mary Sampson v. Prince

Court

Supreme Court of Nova Scotia

The March 1976 deed executed by Malcolm Prince divested him of any title to the property; therefore by November 2001 he had no title to bequeath to John Prince and John Prince is not a person claiming for valuable consideration without notice under Registry Act s.18; accordingly the Estate is entitled to the Interim Recovery Order and costs.

Source excerpt

• Interim recovery order
• Joint tenancy
• Deed recording
• Title dispute
• Costs

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Scheinfeldt v. Nova Scotia (Attorney General)

Court

Supreme Court of Nova Scotia

Plaintiff's evidence of possession was insufficient in both quality and statutory duration to establish adverse possession; the 1972 unregistered deed is ineffective against McLelan's superior registered title under Registry Act s.18, and grantors' possession cannot be tacked to defeat a subsequent grantee's warranty; therefore the application for a certificate of title fails.

Source excerpt

• Adverse possession
• Title registration
• Quieting title
• Warranty deed
• Statute of limitations

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Fire v. Longtin

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed an appeal about competing registered title claims, holding that the Registry Act required only a 40-year root of title search.

• Chains of title
• Root of title requirement
• Registry act interpretation
• Title search period (40 years)
• Effect of registration errors
• Property-law

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Conrad v. Nova Scotia (Attorney General)

Court

Nova Scotia Court of Appeal

The trial judge applied an incorrect standard for adverse possession and colour of title by treating intermittent acts and incidental uses as sufficient to extinguish the registered owner's paper title; the appellant holds superior paper title under the Registry Act and the respondents' acts were insufficiently exclusive, continuous and notorious to bar that title; appeal allowed, cross-appeal dismissed, trial order and certificates set aside and appellant entitled to certificate of title and costs.

Source excerpt

• Adverse possession elements
• Colour of title
• Quieting title
• Rectification of deed
• Statute of limitations
• Evidence and credibility

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Glasswall Ltd. v. 2009861 Nova Scotia Ltd.

Court

Nova Scotia Court of Appeal

Under Nova Scotia law a prior mortgage that existed and was fully advanced before the mechanics' lien arose need not be registered under the Mechanics' Lien Act to have priority over subsequently registered mechanics' liens; collateral mortgages qualify as prior mortgages; whether a mortgagee 'consented' under s.8(3) is a question of fact and absent such consent the lien cannot take priority over the prior mortgage.

Source excerpt

• Priority of liens and mortgages
• Registration requirements and order under registry act s.18
• Scope of collateral mortgages under mechanics' lien act s.8(3)
• Meaning of mortgagee consent under s.8(3]

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Dorbern Investments v. Provincial Bank

Court

Supreme Court of Canada

The Supreme Court of Canada held that an unregistered mechanics’ lien did not outrank a later-registered collateral mortgage where s. 14(1) did not apply.

• Priority between mortgage and mechanic's lien
• Registration and notice requirements
• Statutory interpretation of mechanics' lien act and registry act
• Mechanics-liens
• Lien-priority
• Registration-notice

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Coupland Acceptance Ltd. v. Walsh et al.

Court

Supreme Court of Canada

The Supreme Court held that Coupland Acceptance could stand in the shoes of a prior mortgagee for sums used to discharge that mortgage, but excess interest was disallowed.

• Priority between mortgage and mechanics' lien
• Equitable subrogation
• Corporate capacity to accept mortgage
• Effect of registration of discharge
• Statutory interpretation of mechanics' lien act s.13(1) and s.20
• Interest rate caps

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