Supreme Court

Decision Information

Marshall v Mehler

Court Supreme Court
Date 1986-11-14
Other citations [1987] NWTR 297
File numbers SC 8275
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Statutes considered:
LAND TITLES ACT, R.S.C. 1970, C. L-4, S. 136, 139 (2);
STATUTE OF FRAUDS, 1677, 29 CAR. II, C-3;
NORTHWEST TERRITORIES ACT, R.S.C. 1970, C. N-22, S. 18 (1);
EVIDENCE ACT, R.O.N.W.T. 1974, C. E-4, S. 15
Decision information:

Abstract: Application by the registered owner to have a caveat withdrawn pursuant to section 163 of the Land Titles Act together with a declaration of entitlement to possession, writ of possession, injunction and compensation
Decision: Application for withdrawal of caveat, declaration of entitlement granted - The Respondent Mehler did not adduce evidence, other than his own word, showing why the caveat should not be withdrawn - Did not therefore meet the requirements of section 15 of the Evidence Act - Decision as to writ of possession reserved - Application for injunction not granted - Application for compensation abandoned - Costs granted on a modified scale
Subjects: Real property - Registration of interests in land - Caveats - Withdrawal
Wills and estates - Administration of estate - Actions by and against estate
Keywords: Land titles - caveat - registration - evidence

Decision Content

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