Does a purchaser for value at a sheriff's sale who registers prior to registration of a prior unregistered beneficial interest have priority over the beneficial interest?

Ontario, Canada

The following excerpt is from 1842752 Ontario Inc. v. Fortress Wismer 3-2011 Ltd., 2020 ONCA 250 (CanLII):

Note however that a bona fide purchaser for value at a sheriff’s sale who registers prior to registration of a prior unregistered beneficial interest may acquire priority over the beneficial interest: Jellet v. Wilkie, cited in Michaud, at para. 63.

Other Questions

If a property has been valued at a fair value after the date of a valuation date, can the value of the property change from its original valuation date to its current value? (Ontario, Canada)
Is an unregistered interest enforceable against a subsequent purchaser? (Ontario, Canada)
Can a mortgagee who buys land from a tax purchaser who is not a mortgagor set up as an absolute purchaser of the land as if he had purchased from a stranger? (Ontario, Canada)
Does the term "goodwill" in the terms of a share and interest clause in a commercial partnership apply to the value of a partner's interest and goodwill in the business? (Ontario, Canada)
How have the words "Prior Registration" ever been interpreted? (Ontario, Canada)
What is the case law on half interest in a property where a plaintiff is not entitled to one half interest? (Ontario, Canada)
Is postjudgment interest payable upon a judgment which awards prejudgment interest? (Ontario, Canada)
Is it unreasonable for a purchaser not to sell their shares at the time they were induced into a purchase agreement? (Ontario, Canada)
Does the doctrine of bona fide purchaser for value without notice apply in intellectual property cases? (Ontario, Canada)
Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase? (Ontario, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.