How have courts dealt with the doctrine of indefeasible title under section 4 of the Corporations Act?
British Columbia, Canada
The following excerpt is from Recinos v. Recinos, 2014 BCSC 1923 (CanLII):
That the section creates a presumption of indefeasible title that is open to rebuttal has been held in several cases: Bajwa v. Pannu, 2007 BCCA 260, and Suen v. Suen, 2013 BCCA 313, being examples at the appellate level. The statutory presumption may be displaced by evidence that the registered owner holds their interest as a bare trustee.
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