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.
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