Is pleading the legislative requirements for a transfer of interest in land benefit both parties?
Ontario, Canada
The following excerpt is from Lo Faso and Ferracuti, 2018 ONSC 6308 (CanLII):
The plaintiff estate submits that pleading the legislative requirements for a transfer of an interest in land will benefit both parties. The plaintiff must know the case it has to make, and the defendants are entitled to know the case they have to meet. This has been held to be expressly so where one party or the other seeks to prove compliance with, or an exception to the Statute of Frauds. I am referred in this respect to the decision of Justice Carole J. Brown in Sigrist v. McLean, 2011 ONSC 7114 (CanLII) where she held, relying upon the decision of Kent v. Ellis (1900), 31 S.C.R. No. 110, that:
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