What is the test for ordering the rectification of a title register?

New Brunswick, Canada


The following excerpt is from Hovey v Registrar General of Land Titles, 2014 NBQB 118 (CanLII):

[68] Section 70 of the Land Titles Act “grants a broad judicial power to courts to rectify the title register” (Black v. Norris, supra at para. 374). It provides: 70(1) Subject to section 71, the court may make an order directing the registrar to rectify the title register in the following cases: (a) where the court is satisfied that any person is entitled to any estate, right or interest in any registered land and as a consequence is of opinion that rectification of the title register is required; (b) where the applicant is aggrieved by any entry made in or by the omission of any entry from the title register or by any default in the making of an entry therein, and the court is satisfied that a rectification of the title register is required; (c) where the court is satisfied that any registration, including a first registration, or any entry in or memorandum on the title register or on an instrument has been obtained, made or omitted by fraud, wrongful act or mistake.

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