Does article 3.14 of the Agreement provide a Manager with an interest in land?

Ontario, Canada


The following excerpt is from 1305 Dundas W Inc. v. 2324702 Ontario Inc., 2019 ONSC 5068 (CanLII):

In Warren Woods Land Corporation v. 1636891 Ontario Inc.,[4] Weiler J.A. heard a motion to stay an order that had required removal of all notices filed by the Manager on the land of the owner. In making the order, the application judge held that, at the time the notices were registered, the Manager did not have an interest in the land in issue. Weiler J.A. held as follows: 14. There is no serious question to be determined. 15. The arguments made before the application judge as to whether article 3.14 of the Agreement created an interest in land, were also made before me. I agree with the application judge’s conclusion that article 3.14 did not give the Manager an interest in the land at the time it registered the notices on title. My reasons for doing so are, however, somewhat different than his. . . .

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