Supreme Court

Decision Information

Nanisivik Mines Ltd. (Re)

Court Supreme Court
Date 1981-04-07
File numbers 5672
Judge(s) Tallis
Location Yellowknife
Cases and statutes considered Cases considered:
Re Knott Estate, 27 W.W.R. 382; Re Bohachewski Estate, 60 W.W.R. 635; In re Brander Estate, 6 W.W.R. (N.S.) 702

Statutes considered:
Land Titles Act, R.S. c. 162.1, section 157
Decision information:

Abstract: Two mortgages executed between the parties with respect to two properties of different legal description - Legal descriptions switched inadvertently and attached to wrong instrument - Parties in agreement to seek rectification as producing new documentation would involve substantial delay and could affect the disbursement of funds.
Decision: Application allowed - Instruments to be rectified to reflect the proper legal description - Copy of judgment to be filed with Registrar of Land Titles - Registrar to do every act necessary to give effect to the judgment
Subjects: Mortgages
Keywords: Rectification
Error in legal description

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