LAW 703 Study Guide - Final Guide: Royal Lepage, Fiduciary, Fundamental Breach
Main Topic Issue Case Holding
Title Insurance Gemeinhardt V. Babic
Title Insurance
Nadvornianski V.
Stewart Title Guaranty
Company
Land Titles Act,
Principles
Durrani V. Augier
Fraud, Deferred
Indefeasibility
Durrani V. Augier
Augier and Zettlers
got no interest,
Bank did
(innocent). Bank
mortgage remains,
Durranis remain
owners.
Land Titles Act,
Trusts
Di Michelle V. Di
Michelle
Actual Notice
Doctrine, Land Titles
Act
United Trust V.
Dominion
Fraud, Deferred
Indefeasibility
CIBC V. Computershare
A person’s interest
is now defeasible
only if that person
received their
interest from a
fraudulent person=
being a forger or
fictitious person.
Rabi V. Rosu
Immediate
Indefeasibility
Household Realty Corp
V. Liu
Fraud
Lawrence V. Maple
Trust
Fraud, Double
deferred
Indefeasibility (NO
LONGER A THING)
Reviczky V. Meleknia
Reasoning Page
Bare trustee can make a claim
on behalf of beneficiaries and
beneficiaries can make claim
once proved
828
Durrani’s are true owner and
Augier is fraudster. Fraudster
sold house to Zettlers who had
actual/deemed notice of fraud.
Zettler got a mortgage from
bank. Bank has no notice of
fraud.
857
835
Leases for over 3 years must be
registered. Dominion used the
actual notice doctrine to save
their unregistered lease of over
3 years – the purchaser had
actual notice of the lease
before purchase.
839
If the forger or his or her
accomplice goes on title in his
or her own name, the innocent
person who takes title from the
forger or accomplice will get
good title. If a fictitious person
goes on title – innocent person
will not get good title
896
871
866
Opportunity to Avoid Trust 878
Bank could have avoided fraud
with Due Diligence
887
Document Summary
A person"s interest is now defeasible only if that person received their interest from a fraudulent person= being a forger or fictitious person. Bare trustee can make a claim on behalf of beneficiaries and beneficiaries can make claim once proved. Fraudster sold house to zettlers who had actual/deemed notice of fraud. Leases for over 3 years must be registered. Dominion used the actual notice doctrine to save their unregistered lease of over. 3 years the purchaser had actual notice of the lease before purchase. If the forger or his or her accomplice goes on title in his or her own name, the innocent person who takes title from the forger or accomplice will get good title. If a fictitious person goes on title innocent person will not get good title. Bank could have avoided fraud with due diligence. Seller commission was due, conspiracy on part of the buyer. Whether there was a breach of duty of care.
