What is the law in the case of the transfer of property without the knowledge of the transferee?

Ontario, Canada


The following excerpt is from Fidelity Trust Co. of Ontario v. Purdom and Northern Life Assurance Co. of Canada, 1928 CanLII 22 (ON CA):

The law in the case of the transfer of property, whether real or personal, without the knowledge of the transferee, is fully discussed in Standing v. Bowring (1885), 31 Ch.D. 282, and at p. 288 Cotton, L.J., says:— “I take the rule of law to be that where there is a transfer of property to a person, even although it carries with it some obligations which may be onerous, it vests in him at once before he knows of the transfer, subject to his right when informed of it to say, if he pleases, ‘I will not take it.’ When informed of it he may repudiate it, but it vests in him until he so repudiates it.”

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