Does a Power of Attorney have a beneficial interest in a bill of sale?

Northwest Territories, Canada


The following excerpt is from Hebb v. Northwest Territories (Registrar of Titles), 1982 CanLII 2915 (NWT SC):

A bill of sale confers property upon the grantee for his use and benefit. A power of attorney confers powers to deal with property for the use and benefit of others, not the grantee. The attorney is therefore not a party to the property transactions which he conducts for the grantor with the other persons who become parties to those transactions; the attorney is only an agent or facilitator of those transactions for the grantor. The attorney remains, however, a person named in the instrument by which he is appointed and in that sense is interested in the same way as a party to the transaction which it embodies. He very clearly has a substantial interest under the terms of that instrument in that transaction, even though he can have no beneficial interest in the dealings which he is thereby authorized to transact for the grantor. And this is clearly so where the attorney, as here, was present and witnessed the execution of the deed appointing him, thereafter accepting delivery of it from the grantor and acting upon it. The fact that the attorney is a solicitor makes no more difference in the present case than it did in Seal v. Claridge.

Other Questions


Does the petitioner have to be a party to a power of attorney where he is only named in the Power of Attorney? (Northwest Territories, Canada)
Does the Code of Conduct prohibit conflicts of interest? (Northwest Territories, Canada)
What is the standard of review for the challenged decisions? (Northwest Territories, Canada)
What is the effect of delaying access to the courts for a theoretical argument? (Northwest Territories, Canada)
What is the test for rebutting a statutory presumption? (Northwest Territories, Canada)
What is the impact of sanctions against a member of the Royal Canadian Navy who commits acts of sexual assault? (Northwest Territories, Canada)
What is the definition of “obstructing”? (Northwest Territories, Canada)
What constitutes a breach of s. 15 of the Canadian Human Rights Code? (Northwest Territories, Canada)
What is the test for an application for a motion to be heard by a jury? (Northwest Territories, Canada)
What is the test for adjourning a trial on the grounds of the absence of witnesses? (Northwest Territories, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.