CIBC Mortgages Inc. v. Computershare Trust Company of Canada, 2016 ONSC 7094
| Jurisdiction | Ontario |
| Judge | Dambrot, Swinton, and Hambly |
| Court | Superior Court of Justice of Ontario (Canada) |
| Subject Matter | REAL PROPERTY |
| Citation | 2016 ONSC 7094 |
| Date | 28 November 2016 |
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9 practice notes
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Froom v Lafontaine,
...the Canadian Context” (1976) 26 U.T.L.J. 173, at p. 174. 7 See e.g., CIBC Mortgages Inc. v. Computershare Trust Company of Canada, 2016 ONSC 7094 (Div. Ct.), at para. 61 (holding that the fraud perpetrated against the mortgagees was in the concealment of a prior fraudulently discharg......
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Froom v. LaFontaine,
...defeats the purpose of a registry and the LTA: Lawrence, paras. 15, 41, 42; CIBC Mortgages Inc. v. Computershare Trust Co. of Canada, 2016 ONSC 7094, paras. (2) Under the immediate indefeasibility theory, once an instrument is registered it is effective even if procured by fraud. ......
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2023 ONCA 519,
...the Canadian Context” (1976) 26 U.T.L.J. 173, at p. 174. 7 See e.g., CIBC Mortgages Inc. v. Computershare Trust Company of Canada, 2016 ONSC 7094 (Div. Ct.), at para. 61 (holding that the fraud perpetrated against the mortgagees was in the concealment of a prior fraudulently discharg......
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Grahoui v. Yassine, 2017 ONSC 5108
...Land Titles Act, RSO 1990, c. L.5. [167] The Divisional Court’s decision in CIBC Mortgages Inc. v. Computershare Trust Company of Canada, 2016 ONSC 7094, involved the registration of an owner instigated fraudulent and therefore invalid discharge of a first charge to Computershare and the pr......
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6 cases
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Froom v Lafontaine,
...the Canadian Context” (1976) 26 U.T.L.J. 173, at p. 174. 7 See e.g., CIBC Mortgages Inc. v. Computershare Trust Company of Canada, 2016 ONSC 7094 (Div. Ct.), at para. 61 (holding that the fraud perpetrated against the mortgagees was in the concealment of a prior fraudulently discharg......
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Froom v. LaFontaine,
...defeats the purpose of a registry and the LTA: Lawrence, paras. 15, 41, 42; CIBC Mortgages Inc. v. Computershare Trust Co. of Canada, 2016 ONSC 7094, paras. (2) Under the immediate indefeasibility theory, once an instrument is registered it is effective even if procured by fraud. ......
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2023 ONCA 519,
...the Canadian Context” (1976) 26 U.T.L.J. 173, at p. 174. 7 See e.g., CIBC Mortgages Inc. v. Computershare Trust Company of Canada, 2016 ONSC 7094 (Div. Ct.), at para. 61 (holding that the fraud perpetrated against the mortgagees was in the concealment of a prior fraudulently discharg......
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Grahoui v. Yassine, 2017 ONSC 5108
...Land Titles Act, RSO 1990, c. L.5. [167] The Divisional Court’s decision in CIBC Mortgages Inc. v. Computershare Trust Company of Canada, 2016 ONSC 7094, involved the registration of an owner instigated fraudulent and therefore invalid discharge of a first charge to Computershare and the pr......
Request a trial to view additional results
3 firm's commentaries
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Ontario Divisional Court Reviews Priorities Among Mortgagees That Were Victims Of Mortgage Fraud
...a recent decision, CIBC Mortgages Inc. v Computershare Trust Co. of Canada (2016 ONSC 7094 (Div. Ct.) ("Computershare"), the Ontario Divisional Court dealt with a priority dispute between innocent mortgagees that were victims of a fraud. The issue before the court was whether a first mortga......
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Mortgage Fraud: Who Has Priority In A Dispute?
...recent Ontario Divisional Court decision, CIBC Mortgages Inc. v Computershare Trust Company of Canada, 2016 ONSC 7094 (CanLII)1 ("Computershare"), confirms that a mortgage lender may lose priority if their mortgage is fraudulently discharged by the mortgagor. As a result, mortgage lenders m......
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Ontario Court Revisits Priorities Among Multiple Victims Of Mortgage Fraud
...diligence to verify all prior mortgages were validly discharged, which was the specter raised by the lower court's decision. Footnotes 1 2016 ONSC 7094 (Div. Ct.) 2 R.S.O. 1990 , C. L.5, as amended 3 2007 ONCA 74 [Lawrence] The content of this article is intended to provide a general gui......