What is the test for fraud under the Land Titles Act?
Alberta, Canada
The following excerpt is from Nessman v. Bonke, 1976 CanLII 328 (AB QB):
Now, that is what surprised me about the proposition that was cited to me from the book Anger and Honsberger, Canadian Law of Real Property (1959), because that suggestion that was made, that if you are going to hurt the other person, and you know about it, that is fraud, is fully dealt with in Hackworth v. Baker. If that proposition is true, the Land Titles Act is destroyed, and it is just as simple as that, in my humble opinion; so that knowledge and knowing you are going to hurt is not fraud — you have got to find something else.
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