Is a deferred owner vulnerable to a claim from the true owner?

Ontario, Canada


The following excerpt is from Stanbarr Services et al. v Metropolis Properties et al., 2016 ONSC 1258 (CanLII):

Thus, the party acquiring an interest in land from the party responsible for the fraud (the intermediate owner) is vulnerable to a claim from the true owner: Lawrence v. Maple Trust. A deferred owner is not. The deferred owner “acquires an interest in the property that is good as against all the world”: Lawrence v. Maple Trust, at para. 67.

Other Questions


Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Does the term owner include the registered owner and the actual owner? (Ontario, Canada)
In a medical malpractice action, can provincial insurers who have subrogated claims be included in the claim? (Ontario, Canada)
What is the test for a court to determine whether a party to a claim against a property is entitled to sue the property owner? (Ontario, Canada)
Does the fact that a tenant never raised the issue of their possessory claim until 1991 affect the validity of the claim? (Ontario, Canada)
When will a motion judge apply the same law to a property related claim and a support claim? (Ontario, Canada)
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
Is a plaintiff's new statement of claim that describes the nature of their employment contract relevant to a whistleblowing claim? (Ontario, Canada)
Can a motorcyclist who tripped over a motorcycle parked near his trailer and hit his head on his trailer claim an accident insurance claim? (Ontario, Canada)
In what circumstances will the court grant promissory estoppel to a property owner who has been ordered to pay out a loan to the property owner for the past year? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.