Supreme Court

Decision Information

McKinnon v Registrar of the Land Titles Office for the Northwest Territories

Court Supreme Court
Date 1994-08-26
Other citations [1995] NWTR 127
File numbers CV 05345
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Re The Holland Canada Mortgage Company, [1918] 3 W.W.R. 345
Re Sun Life Assurance co. and Widmer (1916), 9 W.W.R. 961 (Alta. S.C.)
Carson v. Fyfe, [1981] 1 W.W.R. 691 (N.W.T.S.C.)
Re North-West Telephone Co., [1909] 11 Sask. L.R. 379 (C.A.)
Royal Bank of Canada v. Madill (1981), 43 N.S.R. ( 2d ) 574 (C.A.)

Statutes considered:
Land Titles Act, R.S.N.W.T. 1988, c. 8 (supp.), s. 20
Land Titles Act, R.S.N.W.T. 1988, c. 8 (supp.), s. 70
Land Titles Act, R.S.N.W.T. 1988, c. 8 (supp.), s. 113
Land Titles Act, R.S.N.W.T. 1988, c. 8 (supp.), s. 113(3)(b)
Land Titles Act, R.S.N.W.T. 1988, c. 8 (supp.), s. 115
Decision information:

Abstract: The Applicants see an order directing the Registrar of Land Titles to register a mortgage of lease.
Decision: The application is dismissed. The decision of the Registrar was correct and was within his area of responsibility. The role of the Registrar is to maintain statutory requirements when determining if a document is in the appropriate format for registration, or alternatively, for any reason "unfit" for registration.
Subjects: Real property - Registration of interests in land - Registry officials
Mortgages - Morgage contracts - Interpetation
Real property - Registration of interests in land - Registrable instruments

Decision Content

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