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REGISTRATION OF DOCUMENTS - Setting aside

Thursday, November 28, 2019 @ 6:27 AM  


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Appeal by the father and daughter from an order that provided title to property was vested in the daughter and Beaucage as joint tenants and that any right in the property held by the father was extinguished. In 2015, a transfer of property was registered from the father to Beaucage, his son-in-law, and the daughter as joint tenants. Beaucage was currently separated from the father’s son. The appellants were challenging the 2015 transfer on the basis the father intended to transfer the property to his son and daughter and not to Beaucage. In 2017, a further transfer was registered from Beaucage and the daughter to the daughter and the father as joint tenants. All parties acknowledged the 2017 transfer was fraudulent.

HELD: Appeal allowed in part. The order went beyond what was required to deal with the effect of the 2017 transfer and restore title to its state prior to that transfer. The order was varied to declare that the 2017 transfer was void and should be deleted from the register. The application judge’s findings of fact, to the extent they bore on issues relating to the validity and effect of the 2015 transfer, were not to be treated as binding in the continuing proceeding.

Beaucage v. Storr, [2019] O.J. No. 5245, Ontario Court of Appeal, P.D. Lauwers, J.M. Fairburn and B. Zarnett JJ.A., October 15, 2019. Digest No. TLD-November252019008