MODERN CONSEQUENCES OF EARLIER CONFUSION BETWEEN A VENDOR'S LIEN AND THE INTEREST OF A CESTUI QUE TRUST

Abstract

This article considers the case of Gordon v. Hipwell, which involved the nature of an unpaid vendor’s equitable lien and the status of rules of law and equity regarding Land Titles legislation under the Torrens system. After setting out the facts and statutory provisions governing the assurance fund, the author reduces the majority chain of reasoning imposing liability under the legislation is reduced to seven steps, which are scrutinized in the body of the article. The dissent and two difficulties not considered in the judgments are discussed in order to set forth a more acceptable method of giving effect to the legislation.