Is a charge or encumbrance or disposition set aside on the basis of a breach of duty?
British Columbia, Canada
The following excerpt is from 625692 B.C. Ltd. v. The Owners, Strata Plan BCS1492, 2015 BCSC 119 (CanLII):
In considering whether the creation of a charge or encumbrance or disposition is a breach of duty and whether it should be set aside, the courts have considered the factor of notice to buyers, including registration of the limitation or instrument on title. In that respect, I refer to the decision of Madam Justice Gerow in The Owners, Strata Plan VIS2968 v. K.R.C. Enterprises Inc., 2007 BCSC 774, rev’d on other grounds 2009 BCCA 152.
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