THE CONCEPT OF NOTICE AND THE ONTARIO LAND TITLES ACT
AbstractThis article contrasts the Torrens land registration system used in much of Canada with the English model used in Ontario, with the intention of clarifying the role of notice under the latter system. It argues that, wherever possible, the Ontario legislation should be interpreted to fulfill the goal of reflecting a state guarantee of the title shown on the register. It uses recent Ontario case law to illustrate a severely limited principle of indefeasibility and the frustrated purposes the Act was meant to achieve. It concludes with a summary of the confusion and inconsistency concerning the role of notice under the Land Titles Act.
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