Millar, Suzette and Pryce, Paul v Duncan Bay Development Company Limited and Melrose Finance Company Incorporated

Registration of Titles Act sections 68, 70 and 71 – Whether the Claimants are bona fide purchasers for value without notice of fraud – Whether the Claimants acted in bad faith in failing to investigate prior transfers and adverse acquisition noted on registered title – Restrictive covenant requiring Claimants to apply for building approval through the 1st Defendants – Whether the 1st Defendant can refuse to process the Claimants’ application because of the 2nd Defendant’s allegation that its title was cancelled on a fraudulent application for adverse possession – Adverse possessor sold the property to a company that then sold same to the Claimants