But there is no reason for such a rule in jurisdictions following the Australian Torrens system law in which a mortgage does not involve any notion of a conveyance of land. This is so because of the difference in law respecting a "charge" type of mortgage under the Australian Torrens system, and a "conveyance" type mortgage under the English statutory scheme that is based primarily on the common law and from which the Ontario and British Columbia legislation has been derived. Neither the concept of mortgage conveyance nor the legal principle in Teevan v. Smith, supra, is inherent in the legislation of any province that has followed the Australian Torrens system (eg. Alberta, Saskatchewan and Manitoba).
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