Insights

There is a High Standard of Care for Professionals in Unwritten Contracts

McKay Career Training Inc. v Baker , 2018 SKCA 83  ..

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City Gave Proper Notice to Vacate and was Not Obligated to Seek Judicial Remedy When Claiming Title to Building after Owner Accumulated Tax Arrears

Embee Diamond Technologies Inc. v Prince Albert (City), 2018 SKCA 44
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MC3 Resources Inc. v Hogan clarifies the law regarding registered interests in land

A key feature of Saskatchewan’s land titles system is the indefeasibility of title. In other words, the purchaser of real property is entitled to rely on the Land Registry to disclose all registered interests. Subject to rare exceptions, a purchaser will not be bound by any unregistered interest. In MC3 Resources Inc. v Hogan the court was concerned with an easement registered against land in Indian Head. In 2003, and easement was granted by the predecessor in title to MC3 in favour of one John Ciortan, a predecessor in title (although not the direct predecessor) to Ms. Hogan. The easement permitted Ciortan to enter upon "the most northerly 25 feet" of MC3's property to access his garage. The easement also contained the following provision "THIS EASEMENT SHALL CONTINUE DURING THE LIFETIME OF THE GRANTEE." Ciortan died in 2011, and MC3 sought an order pursuant to s. 109 of The Land Titles Act (the “Act”) discharging the easement. Hogan opposed the application. ..

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