Decision of the Week: Hyczkewycz v Hupe

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

New MLRC Report on Expropriation

The Commission has released its final report on The Expropriation Act of Manitoba. The Commission makes 10 recommendations to improve and clarify certain areas of The Expropriation Act. The report forms part of a series entitled Creating Efficiencies in the Law, which seeks to address discrete, straightforward issues that, in the Commission’s view, can be improved with relatively simple legislative amendments. To see the full report click here. (From website)

Manitoba eLaw – New Edition – Property & Succession Update

November 2018 Issue No. 92 highlights:

The full edition of this update is available here

Manitoba eLaw – New Edition – Property and Succession

Update 91 – July 2018 has just been published. Contents include:

Case Law Updates:

  • Mental Incompetence Not a Prerequisite to an Accounting: MBCA
  • Mortgagor’s Equitable Right to Redeem Protected From Mischief
  • Sisters Prevail in Family Farm Dispute: MBCA
  • Right to Veto Homestead Disposition Dies With Non-Owning Spouse: MBQB
  • Section 25.2 Applies to Both Specific and Residuary Gifts: MBQB

Practice Notices:

  • Property Registry Updates

Commentary:

  • Manitoba Law Reform Commission Reports
  • Recommended Reading

Professional Development:

  • Summer CPD Replays: LSM

 

Manitoba eLaw – New Edition – Property and Succession

Update 90, January 2018 has been published. Contents include:

  • Equity Enforces Promises That the Law Does Not: Cowper-Smith v. Morgan, SCC
  • Courts Play a Critical Role in Safeguarding Treaty Rights: SCC
  • Land Titles and Personal Property Registry Changes: Notices and Directives
  • Recommended Reading
  • STEP Programs

I found the Cowper-Smith decision of personal interest. When families no longer live close to aging parents, one sibling can be required to take on more caretaking duties than others, and there should be a way to guarantee recognition for this, especially, as in this case, where an oral agreement was in place.

The library will be closed on Monday, May 20th for Victoria Day