TitlePLUS Times
Vol 8. no. 1
January 2005

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Articles

Don't miss the Real Property Program at the OBA Institute
Don't miss your chance to attend the exciting Real Property Program at the OBA Institute on February 3, 2005.

The program is titled "Real Property: The Troubled Transaction (The definitive program on keeping both you and your client out of trouble)" and it will feature seasoned practitioners and specialists from across the province working through an actual case study with live audience participation. Maurizio Romanin is co-chair of the program. The program will feature a panel discussion on the future of real estate practice. Panelists include Malcolm Heins, CEO of the Law Society and Ian Kirby, President of the Ontario Bar Association.

For more details, including registration information, please go to http://www.soft conference.com/oba and click on the logo for the Institute of Continuing Education.

Registration of Vesting Order Conveys Title and Makes Appeal Moot¹
In HSBC Bank of Canada v. Deloitte & Touche Inc. (2004) 71 O.R. (3d) 355 (Ontario Court of Appeal), the Regal Constellation Hotel, near Pearson Airport in Toronto, became bankrupt and was sold by a receiver under a court-approved sale.

The court granted an order vesting title in the purchaser. This order was registered on title under the Land Titles Act². Subsequently, the sole shareholder of the bankrupt hotel appealed the vesting order.

The Court of Appeal held that the appeal was moot, and that the conveyance of title to the purchaser under the vesting order could not be set aside. The appellant could have protected its appeal rights by moving for a stay of the vesting order. Since it did not, the order was in force when it was registered, and the effect of registration was to convey title to the purchaser under the Land Titles regime. Any attack on the order, once registered, would have to come within the parameters of the Land Titles Act.

This decision is some comfort to lawyers who are asked to complete the purchase or mortgage of a property from a party who has obtained title under a vesting order. However, caution should be exercised in relying on it when dealing with property in the Registry system, since the court laid stress on the protective provisions of the Land Titles Act. In addition, the court remarked on the fact that Ontario requires the registration of a court order to be supported only by a solicitor's affidavit stating that the order is in full force and effect, and has not been stayed. Now that this case has drawn attention to the issue, Ontario may follow the lead of other provinces, notably Alberta and Manitoba, by refusing registration of a judgment or order in the absence of consent, an undertaking not to appeal, or proof that all appeal rights have expired.

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TitlePLUS News from LAWPRO

TitlePLUS Seminars 2005
Our Sales & Marketing Group is working hard to plan the TitlePLUS Seminars for 2005. There will be four seminars, one in each of Windsor, Kingston, Orillia, and Thunder Bay. Please watch for more information and your invitation, which we will be sending soon.

TitlePLUS Times updates real estate professionals about TitlePLUS developments and related changes in conveyancing. Comments and suggestions are welcome and should be forwarded to:

TitlePLUS
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Toronto, ON M5G 1Z3
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E-mail: TitlePLUS@LAWPRO.ca
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¹ Thank you to Naomi Zittell, articling student at LAWPRO, for compiling a summary of this case.
² R.S.O. 1990, chapter L.5.

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