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Canada Case Law

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Property law 2017 BCCA 374

Arbutus Bay Estates Ltd. v. Canada (Attorney General)

The Court of Appeal upheld rectification of an easement for a public wharf, rejected a broad public-access reading, disallowed parking outside the easement, and set aside damages.

  • Interpretation of easement
  • Rectification of registered instrument
  • Ancillary rights (parking)
  • Expiry of easement
  • Retrospective effect of rectification
  • Notice under land title act
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Property law [1995] 1 SCR 633

White Resource Management Ltd. v. Durish

The Supreme Court of Canada held that s. 195 of Alberta’s Land Titles Act applied broadly, and that Durish retained priority through the earlier Haida caveat.

  • Priority of interests
  • Caveats
  • Registration
  • Lapse of caveat
  • Section 195 land titles act
  • Torrens-system
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Property law [1963] SCR 229

Heller v. Registrar, Vancouver Land Registration District

The Supreme Court of Canada held that a land registrar’s power under s. 256 of the Land Registry Act was discretionary and did not require automatic cancellation of a newly issued title.

  • Registration error
  • Cancellation of certificate of title
  • Registrar discretion
  • Delivery of duplicate certificate
  • Indefeasible title
  • Fraud allegations
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Property law [1954] SCR 384

Hager v. United Sheet Metal Ltd.

The Supreme Court of Canada held that bona fide purchasers with a certificate of title took land free of mechanics’ liens registered after title issued.

  • Mechanics' liens
  • Priority of incumbrances
  • Bona fide purchaser without notice
  • Statutory interpretation
  • Land titles act vs mechanics' lien act
  • Mechanics-liens
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Property law (1912) 45 SCR 551

McKillop & Benjafield v. Alexander

The Supreme Court of Canada held that a timely caveat preserved Alexander’s prior equitable claim to land under Saskatchewan’s Land Titles Act, defeating later assignees.

  • Caveat
  • Registration priority
  • Assignment of contract
  • Specific performance
  • Notice
  • Construction of statute
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Real property (1896) 26 SCR 282

Jellett v. Wilkie

The Supreme Court of Canada held that filing an execution under the Territories Real Property Act did not override prior unregistered equitable interests.

  • Priority of liens
  • Effect of registration
  • Equitable interests vs legal title
  • Caveat by filing execution
  • Sheriff's sale and registration
  • Real-property
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.