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The Battle of Bona Fides: The Doctrine of Indefeasibility Revisited

When it comes to registered title, we take comfort in it being right—its record, indefeasible. The land titles registry is the root of our confidence in the state of title. Registered instruments are, by virtue of their being...more

Killing the Deal (Anticipatory Repudiation in a Real Estate Purchase)

Once an agreement of purchase and sale for real estate is signed, the path to closing and the rules of closing are firmly engrained, both in the terms of the contract and in principles of law and equity. You don’t get to...more

Enforcing Unwritten Real Estate Purchase Agreements

It's generally accepted good law that, in order to create a valid contract for the purchase and sale of real property, the agreed-upon terms must include, at a minimum, the identity of the parties, the description of the...more

Good Fences Make Good Neighbours—Except When They Don't

For a good long time, Ontario has had two systems for recording the ownership of real property: the registry system and the land titles system, and in the last few decades has been undertaking the concerted effort of...more

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