Acts and Regulations

L-1.1 - Land Titles Act

Section 73
Disposition versions

Full text
Indemnification on rectification
73(1)Any person who suffers damage by reason of the rectification of the title register, an error or omission in the title register which is not rectified, an error or omission in a certificate of registered ownership or the loss or destruction of any document lodged at a land titles office for inspection or safe custody is entitled to be indemnified except in the following cases:
(a) where the claimant has himself caused or substantially contributed to the damage by his fraud or negligence;
(b) where the claimant derives title from a person who caused or substantially contributed to the damage by his fraud or negligence unless title is derived under a disposition for valuable consideration that is registered or protected in the title register;
(c) where the claimant claims to have been deprived of any registered land or an interest or estate therein by the operation of this Act and the claimant is not barred by this Act from bringing an action for its recovery;
(d) where the claimant or the person through or under whom he claims was either given notice, or not being given notice, had knowledge that the registrar was about to bring the land, in respect of which the claim arises, under this Act, or was about to do the act through which the proposed claimant claims to have suffered damage and has failed to pursue his remedies under this Act;
(e) where the damage arises from the owner’s breach of any trust;
(f) where the damage is occasioned by the registrar’s necessary delay in bringing land under this Act or in registering an instrument.
73(2)For the purposes of subsection (1), an owner of any registered land or encumbrance claiming in good faith and for valuable consideration under a forged disposition shall, where the title register is rectified, be deemed to have suffered damage by reason of such rectification.
1998, c.38, s.18
Indemnification on rectification
73(1)Any person who suffers damage by reason of the rectification of the title register, an error or omission in the title register which is not rectified, an error or omission in a certificate of registered ownership or the loss or destruction of any document lodged at a land titles office for inspection or safe custody is entitled to be indemnified except in the following cases:
(a) where the claimant has himself caused or substantially contributed to the damage by his fraud or negligence;
(b) where the claimant derives title from a person who caused or substantially contributed to the damage by his fraud or negligence unless title is derived under a disposition for valuable consideration that is registered or protected in the title register;
(c) where the claimant claims to have been deprived of any registered land or an interest or estate therein by the operation of this Act and the claimant is not barred by this Act from bringing an action for its recovery;
(d) where the claimant or the person through or under whom he claims was either given notice, or not being given notice, had knowledge that the registrar was about to bring the land, in respect of which the claim arises, under this Act, or was about to do the act through which the proposed claimant claims to have suffered damage and has failed to pursue his remedies under this Act;
(e) where the damage arises from the owner’s breach of any trust;
(f) where the damage is occasioned by the registrar’s necessary delay in bringing land under this Act or in registering an instrument.
Deemed damage for forged disposition
73(2)For the purposes of subsection (1), an owner of any registered land or encumbrance claiming in good faith and for valuable consideration under a forged disposition shall, where the title register is rectified, be deemed to have suffered damage by reason of such rectification.
1998, c.38, s.18