Applicant
Respondent
Introduction:
The case involved a dispute over rectifying a mortgage registration error. The Canadian Imperial Bank of Commerce (CIBC) sought to amend its mortgage registration on a property to include a fourth parcel, omitted during initial registration, and requested priority over a subsequent mortgage by EasyFinancial Services Inc. (ESI).
Legal Issues:
Rectification of Mortgage: CIBC argued for correction under Section 109 of The Land Titles Act, 2000 to reflect its intended interest in all four parcels of the property. The court granted this rectification, citing mutual mistake and the parties' original intent.
Backdating of Priority: CIBC requested its corrected mortgage be backdated to 2017, giving it priority over ESI's subsequent mortgage. The Registrar opposed, citing the Torrens land system's principles of indefeasibility and public reliance on registered titles. The court denied backdating, finding no basis to override third-party reliance on registered priorities.
Outcome and Costs:
The court granted CIBC’s application to rectify the mortgage but refused to backdate its registration, leaving ESI’s priority intact. Each party bore its own costs, and no monetary award was made.
Key Legal Principles:
The decision emphasized the Torrens system's reliance on registered titles for certainty, rejecting any action undermining third-party reliance. Rectification was allowed only to correct the original parties’ mistake.
Court
Court of King's Bench for SaskatchewanCase Number
KBG-PA-00214-2023Practice Area
Real estateAmount
Winner
ApplicantTrial Start Date
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