Yukon Territory (Commissioner) v. Lebel et al., (1997) 94 B.C.A.C. 315 (YukCA)

• Judge: McEachern, C.J.B.C., Hinds and Braidwood, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: July 09, 1997
• Jurisdiction: Yukon
• Citations: (1997), 94 B.C.A.C. 315 (YukCA)

Yukon v. Lebel (1997), 94 B.C.A.C. 315 (YukCA);

    152 W.A.C. 315

MLB headnote and full text

Temp. Cite: [1997] B.C.A.C. TBEd. AU.002

Commissioner of the Yukon Territory (petitioner/respondent) v. Pierre Lebel and Judith Linton (respondents/appellants)

(YU342)

Indexed As: Yukon Territory (Commissioner) v. Lebel et al.

Yukon Court of Appeal

McEachern, C.J.B.C., Hinds and Braidwood, JJ.A.

July 9, 1997.

Summary:

The Commissioner of the Yukon Territory filed a caveat against lands obtained by the respondents from the Commissioner. The Commissioner petitioned for an order that the caveat was valid. The respondent owners of the lands applied for withdrawal of the caveat. The trial judge upheld the filing of the caveat and dismissed the owners' application. The owners appealed.

The Yukon Court of Appeal dismissed the appeal.

Real Property - Topic 7925

Title - Registration of instruments - Caveats or cautions - Interests which may be protected - The Commissioner of the Yukon Territory issued a "notification" to the Registrar directing him to issue a certificate of title to the respondents - The title was in fee simple, reserving to the Crown the right that the land not be subdivided without the Crown's consent - The Commissioner filed a caveat against the title - The Yukon Court of Appeal affirmed that the Commissioner was a person claiming an interest in the land under an instrument of transfer, and was entitled to file a caveat under s. 126(1) of the Land Titles Act - The notification conveyed to the respondents an interest in the land and came within the definition of the word "transfer" in s. 126(1).

Cases Noticed:

Wanek v. Thols, [1928] 1 W.W.R. 903 (Alta. C.A.), refd to. [para. 20].

Statutes Noticed:

Land Titles Act, S.Y. 1991, c. 11, sect. 1 [para. 16]; sect. 41 [para. 17]; sect. 126(1) [para. 11].

Territorial Lands Act, R.S.C. 1985, c. T-7, sect. 9 [para. 3].

Counsel:

Geraldine J. Hutchings, for the appellants;

Sylvia MacIntosh, for the respondent.

This appeal was heard on May 28, 1997, at Whitehorse, Yukon Territory, before McEachern, C.J.B.C., Hinds and Braidwood, JJ.A., of the Yukon Court of Appeal.

On July 9, 1997, at Vancouver, British Columbia, Hinds, J.A., delivered the following judgment for the court.