Decision of the Week: Hyczkewycz v Hupe

by Karen Sawatzky | Jul 18, 2019 | Decision of the Week, Property Law

This decision deserves decision of the week status for its lengthy and exhaustive analysis of the Torrens system. Beard, J.A.’s analysis included resulting trusts and indefeasibility of title, the origins and goals of the Torrens system, both here and in Australasia where it originated, and the interplay between indefeasibility and trusts. The decision also cites a lengthy bibliiography of articles and texts that were consulted, written between 1859 and 2016.

[33]                     While there are decisions on the interpretation of indefeasibility legislation and its effect on the enforcement of unregistered claims, including resulting trust claims, against real property from the appellate courts in the other western provinces, those decisions have, in some instances, come to different conclusions.  There is, to my knowledge, no decision on point from this Court.  Given that there are some differences between the language used in the real property title registry legislation in the various jurisdictions, it is necessary to undertake a review of the origins and goals of the registry systems to determine the correct interpretation of the current legislation in Manitoba.  As all of the western jurisdictions have land registry systems based on the Torrens system of land titles (the Torrens system), this analysis requires a review of the following:  (a) the origins and goals of the Torrens system; (b) the interplay between the Torrens indefeasibility principle and trusts; and (c) Manitoba’s RPA, the effect of the indefeasibility provision and whether trusts can co-exist with indefeasibility.

2019 MBCA 74