Conveyancing and Law of Property Act

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Sections122

• 1Definitions

  1 (1) In this Act, “conveyance” includes an assignment, appointment, lease, settlement, and other assurance, made by deed, on a sale, mortgage, demise, or settlement of any property or on any other dealing with or for any property, and “convey” has a meaning corresponding with that of conveyance; (“acte translatif de propriété”, “transport”, “transporter”) “land” includes messuages, tenements, hereditaments, whether corporeal or incorporeal, and any undivided share in land; (“bien-fonds”) “mortgage” includes a charge on property for securing money or money’s worth; (“hypothèque”) “mortgage money” means money or money’s worth secured by a mortgage; (“créance hypothécaire”) “mortgagee” includes a person from time to time deriving title under the original mortgagee; (“créancier hypothécaire”) “mortgagor” includes a person from time to time deriving title under the original mortgagor or enti…

• 1.
• 2Conveyance of corporeal tenements

  2 All corporeal tenements and hereditaments, as regards the conveyance of the immediate freehold thereof, lie in grant as well as in livery. R.S.O. 1990, c. C.34, s. 2.

• 2.
• 3Form and operation of feoffments

  3 A feoffment, otherwise than by deed, is void and no feoffment shall have any tortious operation. R.S.O. 1990, c. C.34, s. 3.

• 3.
• 4Estate tail to be construed as fee simple

  4 A limitation in a conveyance or will that before the 27th day of May, 1956, would have created an estate tail shall be construed as an estate in fee simple or the greatest estate that the grantor or testator had in the land. R.S.O. 1990, c. C.34, s. 4.

• 4.
• 5Limitation

  5 (1) In a conveyance, it is not necessary, in the limitation of an estate in fee simple, to use the word “heirs”. R.S.O. 1990, c. C.34, s. 5 (1). Idem (2) For the purpose of such limitation, it is sufficient in a conveyance to use the words “in fee simple” or any other words sufficiently indicating the limitation intended. R.S.O. 1990, c. C.34, s. 5 (2). Effect of conveyance without words of limitation (3) Where no words of limitation are used, the conveyance passes all the estate, right, title, interest, claim and demand that the conveying parties have in, to, or on the property conveyed, or expressed or intended so to be, or that they have power to convey in, to, or on the same. R.S.O. 1990, c. C.34, s. 5 (3). Saving (4) Subsection (3) applies only if and as far as a contrary intention does not appear from the conveyance, and has effect subject to the terms of the conveyance and to th…

• 5.
• 6Statement of consideration

  6 A statement of consideration money or other consideration in the body of a conveyance is a sufficient discharge to the person paying or delivering the conveyance without any receipt being endorsed on it. R.S.O. 1990, c. C.34, s. 6.

• 6.
• 7Statement as evidence for subsequent purchaser

  7 A statement of consideration money or other consideration in the body of a conveyance or endorsed thereon is, in favour of a subsequent purchaser not having notice that the money or other consideration was not in fact paid or given wholly or in part, sufficient evidence of the payment or giving of the whole amount thereof. R.S.O. 1990, c. C.34, s. 7.

• 7.
• 8Rights of purchaser as to execution

  8 A purchaser may not require that the conveyance be executed in the purchaser’s presence or in presence of the purchaser’s solicitor but the purchaser may require that it be attested by a person appointed by the purchaser and the purchaser’s solicitor may be appointed for that purpose. R.S.O. 1990, c. C.34, s. 8.

• 8.
• 9Requirement of deed for certain interests

  9 A partition of land, an exchange of land, an assignment of a chattel interest in land, and a surrender in writing of land not being an interest that might by law have been created without writing, are void at law, unless made by deed. R.S.O. 1990, c. C.34, s. 9.

• 9.
• 10Disposal of certain interests in land by deed

  10 A contingent, an executory, and a future interest, and a possibility coupled with an interest in land, whether the object of the gift or limitation of such interest or possibility is or is not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent, into or upon land, may be disposed of by deed, but no such disposition, by force only of this Act, defeats or enlarges an estate tail. R.S.O. 1990, c. C.34, s. 10.

• 10.
• 11Exchange or partition, “give” or “grant”

  11 An exchange or a partition of any tenements or hereditaments does not imply any condition in law, and the word “give” or the word “grant” in a conveyance does not imply any covenant in law, except so far as the word “give” or the word “grant” may, by force of any Act in force in Ontario, imply a covenant. R.S.O. 1990, c. C.34, s. 11.

• 11.
• 12Application of ss. 9-11

  12 Sections 9, 10 and 11 do not extend to any deed, act or thing executed or done, or to any estate, right or interest created before the 1st day of January, 1850. R.S.O. 1990, c. C.34, s. 12.

• 12.
• 13Effect of grants, devises, etc., to two or more

  13 (1) Where by any letters patent, assurance or will, made and executed after the 1st day of July, 1834, land has been or is granted, conveyed or devised to two or more persons, other than executors or trustees, in fee simple or for any less estate, it shall be considered that such persons took or take as tenants in common and not as joint tenants, unless an intention sufficiently appears on the face of the letters patent, assurance or will, that they are to take as joint tenants. R.S.O. 1990, c. C.34, s. 13 (1). Spouse (2) This section applies notwithstanding that one of such persons is the spouse of another of them. R.S.O. 1990, c. C.34, s. 13 (2); 1999, c. 6, s. 13 (1); 2005, c. 5, s. 13 (1). Definition (3) In subsection (2), “spouse” means, (a) a spouse as defined in section 1 of the Family Law Act, or (b) either of two persons who live together in a conjugal relationship outside ma…

• 13.
• 14Land acquired by possession by two or more

  14 Where two or more persons acquire land by length of possession, they shall be considered to hold as tenants in common and not as joint tenants. R.S.O. 1990, c. C.34, s. 14.

• 14.
• 15What included in conveyance

  15 (1) Every conveyance of land, unless an exception is specially made therein, includes all houses, outhouses, edifices, barns, stables, yards, gardens, orchards, commons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, watercourses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever to such land belonging or in anywise appertaining, or with such land demised, held, used, occupied and enjoyed or taken or known as part or parcel thereof, and, if the conveyance purports to convey an estate in fee simple, also the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits of the same land and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever of the grant…

• 15.
• 16Meaning of “mining rights”

  16 Unless the contrary appears to be the intent of the instrument, where in a conveyance the “mining rights” in respect of any land are granted or reserved, the grant or reservation shall be construed to convey or reserve the ores, mines and minerals on or under the land, together with such right of access for the purpose of winning the ores, mines and minerals as is incidental to a grant of ores, mines and minerals. R.S.O. 1990, c. C.34, s. 16.

• 16.
• 17Meaning of “surface rights”

  17 Unless the contrary appears to be the intent of the instrument, where in a conveyance the “surface rights” in respect of any land are granted or reserved, the grant or reservation shall be construed to convey or reserve the land therein described with the exception of the ores, mines and minerals on or under the land and such right of access for the purpose of winning the ores, mines and minerals as is incidental to a grant of ores, mines and minerals. R.S.O. 1990, c. C.34, s. 17.

• 17.
• 18Application

  18 In an instrument purporting to deal with “mining rights” or “surface rights” these expressions respectively have the meaning given them by sections 16 and 17. R.S.O. 1990, c. C.34, s. 18.

• 18.
• 19Operation of ss. 16-18

  19 Sections 16, 17 and 18 have effect only as to conveyances or instruments executed on or after the 1st day of July, 1914, and do not apply to conveyances by the Crown. R.S.O. 1990, c. C.34, s. 19.

• 19.
• 20How corporations may convey

  20 Any corporation capable of taking and conveying land in Ontario shall be deemed to have been and to be capable of taking and conveying land by deed of bargain and sale in like manner as a person in his natural capacity, subject to any general limitations or restrictions and to any special provisions as to holding or conveying land that are applicable to the corporation. R.S.O. 1990, c. C.34, s. 20.

• 20.
• 21Provision for sales free from encumbrances

  21 (1) Where land subject to an encumbrance, whether immediately payable or not, is sold by a court or out of court, the court in which the sale takes place or the Superior Court of Justice may, on the application of a party to the sale, direct or allow payment into court, in the case of an annual sum charged on the land, or of a capital sum charged on a determinable interest in the land, of such amount as, having regard to the interest that it will earn, the court considers will be sufficient by means of the income thereof to keep down or otherwise provide for that charge, and, in any other case of capital money charged on the land, of an amount sufficient to meet the encumbrance and any interest due thereon, but in either case there shall also be paid into court such additional amount as the court considers will be sufficient to meet the contingency of further costs, expenses and inter…

• 21.
• 22Covenants to restrict use of land because of race, creed, etc.

  22 Every covenant made after the 24th day of March, 1950, that but for this section would be annexed to and run with land and that restricts the sale, ownership, occupation or use of land because of the race, creed, colour, nationality, ancestry or place of origin of any person is void and of no effect. R.S.O. 1990, c. C.34, s. 22.

• 22.
• 23Covenants to be implied

  23 (1) In a conveyance made on or after the 1st day of July, 1886, there shall, in the cases in this section mentioned, be deemed to be included, and there shall in those cases be implied, covenants to the effect in this section stated, by the person or by each person who conveys, as far as regards the subject-matter or share thereof expressed to be conveyed by him, with the person, if one, to whom the conveyance is made, or with the persons jointly, if more than one, to whom the conveyance is made as joint tenants, or with each of the persons, if more than one, to whom the conveyance is made as tenants in common: On conveyance for value by beneficial owner 1. In a conveyance for valuable consideration, other than a mortgage, the following covenants by the person who conveys, and is expressed to convey as beneficial owner, namely, covenants for, i. right to convey, ii. quiet enjoyment, i…

• 23.
• 24Land of inheritance

  24 (1) A covenant relating to land of inheritance or to land held for the life of another shall be deemed to be made with the covenantee, and the covenantee’s heirs and assigns, and has effect as if heirs and assigns were expressed. R.S.O. 1990, c. C.34, s. 24 (1). Land, not of inheritance (2) A covenant relating to land not of inheritance or to land not held for the life of another shall be deemed to be made with the covenantee, and the covenantee’s executors, administrators and assigns, and has effect as if executors, administrators and assigns were expressed. R.S.O. 1990, c. C.34, s. 24 (2).

• 24.
• 25Mode of executing powers

  25 (1) A deed executed in the presence of and attested by two or more witnesses in the manner in which deeds are ordinarily executed and attested is, so far as respects the execution and attestation thereof, a valid execution of a power of appointment by deed or by an instrument in writing, not testamentary, notwithstanding that it is especially required that a deed or instrument in writing, made in exercise of such power, be executed or attested with some additional or other form of execution or attestation or solemnity. R.S.O. 1990, c. C.34, s. 25 (1). Saving of other requirements (2) This section does not operate to defeat any direction in the deed or instrument creating the power that the consent of a particular person is necessary to a valid execution, or that any act is performed in order to give validity to any appointment, having no relation to the mode of executing and attesting…

• 25.
• 26Disclaimer of power by donee

  26 (1) A person to whom a power, whether coupled with an interest or not, is given may by deed disclaim or release or contract not to exercise the power. R.S.O. 1990, c. C.34, s. 26 (1). Disclaimers of power (2) A person disclaiming is not afterwards capable of exercising or joining in the exercise of the power, and on such disclaimer the power may be exercised by the other or others or the survivor or survivors of the others of the persons to whom the power was given, unless the contrary is expressed in the instrument creating the power. R.S.O. 1990, c. C.34, s. 26 (2).

• 26.
• 27Validity of sale under power although mistaken payment to tenant for life

  27 Where under a power of sale a sale in good faith is made of an estate with the timber thereon or with any articles attached thereto, and the tenant for life or any other party to the transaction is by mistake allowed to receive for their own benefit a part of the purchase money or value of the timber or article, the Superior Court of Justice, upon an action brought or upon application made, may declare that upon payment by the purchaser or the claimant under the purchaser of the full value of the timber or article at the time of the sale, with such interest thereon as the court directs, and the settlement of the principal money and interest under the direction of the court, upon such person as in the opinion of the court is entitled thereto, the sale ought to be established, and upon payment and settlement being made accordingly, the court may declare the sale valid, and thereupon the…

• 27.
• 28Illusory appointments

  28 (1) No appointment made in exercise of a power or authority to appoint any property, real or personal, among several objects, is invalid or shall be impeached on the ground that an unsubstantial, illusory or nominal share only is thereby appointed to, or left unappointed to devolve upon, any one or more of the objects of such power, or upon the ground that any object of such power has been altogether excluded, but every such appointment is valid and effectual, notwithstanding that any one or more of the objects shall not thereunder, or in default of such appointment, take more than an unsubstantial, illusory, or take no share thereof, or nominal share of the property subject to such power. R.S.O. 1990, c. C.34, s. 28 (1). Saving of positive requirements in constating instrument (2) Nothing in this section prejudices or affects any provision in a deed, will or other instrument creating…

• 28.
• 29Waste by dowress, etc.

  29 A dowress, a tenant for life or for years, and the guardian of the estate of a minor, are impeachable for waste and liable in damages to the person injured. R.S.O. 1990, c. C.34, s. 29.

• 29.
• 30Waste by tenant for life without impeachment of waste

  30 An estate for life without impeachment of waste does not confer upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer the right expressly appears by the instrument creating the estate. R.S.O. 1990, c. C.34, s. 30.

• 30.
• 31Waste between joint tenants and tenants in common

  31 Tenants in common and joint tenants are liable to their co-tenants for waste, or, in the event of a partition, the part wasted may be assigned to the tenant committing the waste at the value thereof to be estimated as if no waste had been committed. R.S.O. 1990, c. C.34, s. 31.

• 31.
• 32Waste by lessees

  32 Lessees making or suffering waste on the demised premises without licence of the lessors are liable for the full damage so occasioned. R.S.O. 1990, c. C.34, s. 32.

• 32.
• 33Release of part of land from rent-charge

  33 The release from a rent-charge of part of the land charged therewith does not extinguish the whole rent-charge, but operates only to bar the right to recover any part of it out of the land released without prejudice to the rights of all persons interested in the land remaining unreleased and not concurring in or confirming the release. R.S.O. 1990, c. C.34, s. 33.

• 33.
• 34Abrogation of doctrine of scintilla juris

  34 Where by a deed, will or other instrument land is limited to uses, all uses thereunder, whether expressed or implied by law and whether immediate or future or contingent or executory or to be declared under any power therein contained, take effect when and as they arise by force of and by relation to the estate and seisin originally vested in the person seised to the uses, and the continued existence in the person or elsewhere of any seisin to uses or scintilla juris are not necessary for the support of, or to give effect to, future or contingent or executory uses, nor shall any such seisin to uses or scintilla juris be deemed to be suspended or to remain or to subsist in the person or elsewhere. R.S.O. 1990, c. C.34, s. 34.

• 34.
• 35Contingent remainders

  35 Every contingent remainder is capable of taking effect notwithstanding the determination by forfeiture, surrender or merger of any preceding estate of freehold. R.S.O. 1990, c. C.34, s. 35. Merger

• 35.
• 36No merger of estate by operation of law

  36 (1) There shall not be any merger by operation of law only of any estate, the beneficial interest in which, prior to The Ontario Judicature Act, 1881, would not have been deemed merged or extinguished in equity. R.S.O. 1990, c. C.34, s. 36 (1). Merger of leasehold in freehold (2) Where a person who has a leasehold estate in land under a lease, (a) originally from the Ontario Housing Corporation or the Ontario Mortgage and Housing Corporation; (a.1) from the Ontario Land Corporation; or (b) from the Crown under the Mining Act or the Public Lands Act, acquires the freehold estate in the land, the leasehold estate merges in the freehold estate and upon the merging the freehold estate becomes subject to any interest to which the leasehold estate was subject immediately before the merging in the same ranking as to priorities as were then held. R.S.O. 1990, c. C.34, s. 36 (2); 2006, c. 32, …

• 36.
• 37Lien on lands for improvements under mistake of title

  37 (1) Where a person makes lasting improvements on land under the belief that it is the person’s own, the person or the person’s assigns are entitled to a lien upon it to the extent of the amount by which its value is enhanced by the improvements, or are entitled or may be required to retain the land if the Superior Court of Justice is of opinion or requires that this should be done, according as may under all circumstances of the case be most just, making compensation for the land, if retained, as the court directs. R.S.O. 1990, c. C.34, s. 37 (1); 2006, c. 19, Sched. C, s. 1 (1). Appeal (2) An appeal lies to the Divisional Court from any order made under this section. R.S.O. 1990, c. C.34, s. 37 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

• 37.
• 38Rule as to purchase of reversions

  38 No purchase made in good faith and without fraud of any reversionary interest in property shall be opened or set aside on the ground of undervalue. R.S.O. 1990, c. C.34, s. 38.

• 38.
• 39Onus of proof

  39 It is not necessary, in order to maintain the defence of a purchase for value without notice, to prove payment of the mortgage money or purchase money or any part thereof. R.S.O. 1990, c. C.34, s. 39.

• 39.
• 40Assignment of property to self and others

  40 Any property may be conveyed by a person to the person jointly with another person by the like means by which it might be conveyed by the person to another person. R.S.O. 1990, c. C.34, s. 40.

• 40.
• 41Conveyance of property to self

  41 A person may convey property to or vest property in the person in like manner as the person could have conveyed the property to or vested the property in another person. R.S.O. 1990, c. C.34, s. 41.

• 41.
• 42Two or more persons may convey to any one or more of themselves

  42 Two or more persons, whether or not they are trustees or personal representatives, may convey and shall be deemed always to have been capable of conveying property vested in them to any one or more of themselves in like manner as they could have conveyed the property to a third party, but, if the persons in whose favour the conveyance is made are, by reason of any fiduciary relationship or otherwise, precluded from validly carrying out the transaction, the conveyance is liable to be set aside. R.S.O. 1990, c. C.34, s. 42.

• 42.
• 43Joint tenancy of corporation and an individual

  43 (1) A corporation is and has been capable of acquiring and holding real or personal property in joint tenancy in the same manner as if it were an individual, and, where a corporation and an individual, or two or more corporations, became or become entitled to any such property under circumstances or by virtue of any instrument that would, if the corporation had been an individual, have created a joint tenancy, they are and have been entitled to the property as joint tenants, but the acquisition and holding of property by a corporation in joint tenancy has been and is subject to the like conditions and restrictions as attach to the acquisition and holding of property by a corporation in severalty. R.S.O. 1990, c. C.34, s. 43 (1). Devolution on dissolution of corporate joint tenant (2) Where a corporation is joint tenant of property and the corporation dissolves, the property devolves o…

• 43.
• 44Effect of reservation of right of way or other easement

  44 Where by the terms of a conveyance of land a right of way or easement is reserved or excepted from the land thereby transferred or charged, such reservation or exception is effectual and shall be deemed always to have been effectual to vest the right of way or easement in the transferor or chargor of the land notwithstanding that the transferee or chargee does not execute the instrument. R.S.O. 1990, c. C.34, s. 44.

• 44.
• 45Capacity of posthumous children to take in remainder

  45 Where an estate is, by a marriage or other settlement, limited in remainder to, or to the use of, the first or other son or sons of the body of a person lawfully begotten, with any remainder over to, or to the use of, any other person or in remainder to, or to the use of, a daughter lawfully begotten, with any remainder to any other person, any son or daughter of such person lawfully begotten or to be begotten who is born after the decease of his or her father shall, by virtue of such settlement, take such estate so limited to the first and other son or daughter in the same manner as if born in the lifetime of his or her father, although there may be no estate limited to trustees, after the decease of the father, to preserve the contingent remainder to such afterborn son or daughter, until he or she come in esse, or is born, to take the same. R.S.O. 1990, c. C.34, s. 45.

• 45.
• 46Life estate, presumed death of person on whose life estate depends

  46 If a person for whose life an estate is granted remains out of Ontario or absents himself or herself therefrom for the space of seven years together so that it cannot be ascertained whether he or she is alive or dead and no sufficient proof is made of the life of such person in any action commenced for recovery of such estate by the lessor or reversioner, the person upon whose life such estate depended shall be accounted as naturally dead, and in every action brought for the recovery of the estate by the lessor or reversioner or his or her heirs or assigns, judgment shall be given accordingly. R.S.O. 1990, c. C.34, s. 46.

• 46.
• 47Right of tenant when person on whose life estate depends proved to be living

  47 If a person is evicted out of land by virtue of section 46, and if afterwards the person upon whose life such estate depends returns to Ontario, or in any action to be brought for recovery of the same, is shown to be living or to have been living at the time of the eviction, the tenant or lessee who was ousted or his or her executors, administrators or assigns, may re-enter, repossess, have, hold and enjoy the land in his or her former estate, for and during the life, or so long a term as the person upon whose life the estate depends is living, and also shall, upon action to be brought by him or her against the lessor, reversioner, tenant in possession or other person, who, since the time of the eviction, received the profits of the land, recover for damages the full profits thereof, with lawful interest for, and from, the time that he or she was ousted and kept or held out of the lan…

• 47.
• 48Order for production of person at instance of reversioner, etc.

  48 (1) The Superior Court of Justice may, on the application of a person who has a claim or demand in, or to, any remainder, reversion, or expectancy, in, or to, any estate in land, after the death of a person within age, or any other person whomsoever, upon affidavit made by the person so claiming such estate of his or her title, and that he or she has cause to believe that such minor or other person is dead, and that his or her death is concealed by the guardian, trustee or other person, which application may be made once a year if the person aggrieved thinks fit, order that such guardian, trustee or other person concealing, or suspected to conceal, such person, do, at such time and place as the court directs, on personal or other due service of such order, produce and show to such person and persons, not exceeding two, as shall in such order be named by the party prosecuting such orde…

• 48.
• 49Where person required to be produced is out of Ontario

  49 If it appears to the court by affidavit that such minor or other person is, or lately was, at some certain place out of Ontario in the affidavit mentioned, the party prosecuting such order, at the party’s costs and charges, may send over one or both of the persons appointed by the order to view such minor or other person, and if such guardian, trustee or other person, concealing, or suspected to conceal, such person, refuses or neglects to produce, or procure to be produced to such person or persons a personal view of such minor or other person, then such person or persons shall make a true return of such refusal or neglect to the court, which shall be filed in an office of the Superior Court of Justice and thereupon such minor or other person shall be taken to be dead, and any person claiming any right, title or interest in remainder, reversion or otherwise, after the death of such m…

• 49.
• 50When it appears that person required to be produced was alive

  50 If it afterwards appears, upon proof in an action to be brought, that such minor or other person was alive at the time such order was made, such minor, guardian, trustee or other person having any estate or interest determinable upon such life may re-enter upon the land and may maintain an action against those who, since the order, received the profits thereof, or their executors or administrators, and recover full damages for the profits of the same received from the time that such minor or other person having an estate or interest determinable upon such life was ousted of the possession of such land. R.S.O. 1990, c. C.34, s. 50.

• 50.
• 51When it appears that guardian, etc., cannot produce person who is alive

  51 If any such guardian, trustee or other person holding or having any estate or interest determinable upon the life of any other person shows to the satisfaction of the court that they have used their utmost endeavour to procure such minor or other person on whose life such estate or interest depends to appear in court or elsewhere according to the order, and that they cannot procure or compel such appearance, and that such minor or other person is living or was living at the time such return was made and filed, the court may order that such person may continue in the possession of such estate and receive the rents and profits thereof during the minority of such minor and the life of any other person on whose life such estate or interest next depends as fully as they might have done if this section and sections 48, 49 and 50 had not been enacted. R.S.O. 1990, c. C.34, s. 51.

• 51.
• 52Guardians, trustees, etc., holding over without consent of remainderman, etc., deemed trespassers

  52 Every person having an estate or interest in land determinable upon a life and the guardian or trustee for a minor having such an estate who, after the determination of such particular estate or interest, without the express consent of the person who is next and immediately entitled upon and after the determination of such particular estate or interest, holds over and continues in possession of any land, shall be deemed a trespasser, and every person entitled to any such land upon and after the determination of such particular estate or interest may recover in damages against every such person so holding over the full value of the profits received during such wrongful possession. R.S.O. 1990, c. C.34, s. 52.

• 52.
• 53Assignments of debts and choses in action

  53 (1) Any absolute assignment made on or after the 31st day of December, 1897, by writing under the hand of the assignor, not purporting to be by way of charge only, of any debt or other legal chose in action of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action is effectual in law, subject to all equities that would have been entitled to priority over the right of the assignee if this section had not been enacted, to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same without the concurrence of the assignor. R.S.O. 1990, c. C.34, s. 53 (1). Where several claimants under assignment (2) In the case of an assignment of…

• 53.
• 54Bonds and debentures of corporations

  54 (1) The bonds or debentures of a corporation made payable to bearer, or to a person named therein or bearer, may be transferred by delivery, and if payable to a person or order, after general endorsation thereof by such person, are transferable by delivery. R.S.O. 1990, c. C.34, s. 54 (1). Rights of holder (2) Any such transfer vests the property in the bond or debenture in the holder thereof and enables the holder to maintain an action thereon in the holder’s own name. R.S.O. 1990, c. C.34, s. 54 (2).

• 54.
• 55Auctions of estates when sale deemed without reserve

  55 Unless in the particulars or conditions of sale by auction of land it is stated that the land will be sold subject to a reserved price or to a right of the seller to bid, the sale shall be deemed to be without reserve. R.S.O. 1990, c. C.34, s. 55.

• 55.
• 56Prohibition against seller bidding

  56 Upon a sale of land by auction, without reserve, it is not lawful for a seller or for a puffer to bid at the sale, or for the auctioneer to take, knowingly, any bidding from the seller or from a puffer. R.S.O. 1990, c. C.34, s. 56.

• 56.
• 57When seller may bid

  57 Upon a sale of land by auction, subject to a right of the seller to bid, it is lawful for the seller or any one puffer to bid at the auction in such manner as the seller thinks proper. R.S.O. 1990, c. C.34, s. 57.

• 57.
• 58Seller not authorized to purchase

  58 Nothing in sections 55, 56 and 57 authorizes a seller to become the purchaser at the sale. R.S.O. 1990, c. C.34, s. 58.

• 58.
• 59Liability of vendor or mortgagor for fraudulent concealment of deeds, etc., or falsifying pedigree

  59 If a seller or mortgagor of property or the solicitor or agent of either conceals any settlement, deed, will or other instrument material to the title, or any encumbrance, from the purchaser or mortgagee, or falsifies any pedigree upon which the title depends or may depend, in order to induce the acceptance of the title offered or produced, with intent to defraud, such seller, mortgagor, solicitor or agent, irrespective of any criminal liability, is liable at the suit of the purchaser or mortgagee or those claiming under either of them for any loss sustained by any of them in consequence of the settlement, deed, will or other instrument or encumbrance so concealed, or of any claim made by any person under such pedigree whose right was so concealed by the falsification of such pedigree, and, in the case of land, in estimating such damages where the property is recovered from such purch…

• 59.
• 60Orders of court, effect

  60 An order of the court under any statutory or other jurisdiction shall not, as against a purchaser, whether with or without notice, be invalidated on the ground of want of jurisdiction or of want of any concurrence, consent, notice or service. R.S.O. 1990, c. C.34, s. 60.

• 60.
• 61Restrictive covenants, modification or discharge of

  61 (1) Where there is annexed to land a condition or covenant that the land or a specified part of it is not to be built on or is to be or not to be used in a particular manner, or any other condition or covenant running with or capable of being legally annexed to land, any such condition or covenant may be modified or discharged by order of the Superior Court of Justice. R.S.O. 1990, c. C.34, s. 61 (1); 2006, c. 19, Sched. C, s. 1 (1). Appeal (2) An appeal lies to the Divisional Court from a decision under this section. R.S.O. 1990, c. C.34, s. 61 (2). Exception (3) Nothing in this section applies to building restrictions imposed by a by-law passed under the Municipal Act, 2001, the City of Toronto Act, 2006 or the Planning Act. R.S.O. 1990, c. C.34, s. 61 (3); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 10. Same (4) Nothing in this section applies to covenants and easements…

• 61.