When competing interest in a property is expressed in a caveat, can the first purchaser of the property, who filed a caveat at the same time as the second, have priority to the first?
Saskatchewan, Canada
The following excerpt is from LaPlante v. Freed, 1978 CanLII 1759 (SK QB):
In Clark v. Barrick, supra, the competing interests were both as purchasers under agreement for sale. Based upon the law just stated the court held that the purchaser subsequent in time but who filed a caveat prior in time to that of the first purchaser was entitled to priority, and that specific performance in his favour should be ordered with the caveat of the first purchaser, but second registeree, being ordered removed from the title.
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