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Aug 6, 2023 · Elliott told People that he lives two different lives and is able to strip away the rockstar persona at home. “ [Lyla], on a regular basis, says, ‘Dad, you might be a good singer, but you can’t dance.'. And it’s the same thing with the wife—it’s two different lives. We get up there and do our thing, and then when you’re at home ...
- References
- Summary (outline)
- Facts (outline)
- Law (outline)
- Administration (outline)
- Takeaways (outline)
- Analysis
- Four documents and overall results (entries in the register)
- The court's reasons (entries in the register)
- Administration (entries in the register)
- Principles (Ontario Land Titles Act basics)
- Act allowing a person to create or deal with any right
- Electronic registration and the Acknowledgement and Direction
- Act allowing rights to be preserved by entry on the register
- 1. The wife's Acknowledgement and Direction (Act allowing rights to be preserved by entry on the register, how the principles apply to the case)
- 2. The registered transfer by the wife to herself (Act allowing rights to be preserved by entry on the register, how the principles apply to the case)
- The judge said, "it is unnecessary for me to make any declaratory orders setting aside the registered transfers made
- 2. The registered transfer by the wife to herself (Act allowing rights to be preserved by entry on the register, reasons in the case)
- [37] In a "zombie" deed/transfer situation, false and inaccurate
- (e) unless the transferor is a corporation, a statement of spousal status under the Family Law Act by the transferor [emphasis
- Land Registry Ontario's info
- [Comment. The words, "or you can go to court and get a
- General comments
- Electronic registration
- Laws
This case comment uses short names for cases, laws and writings. A list at the end shows the citations.
The court started by saying, "This case is about a "zombie" deed." In law, a zombie deed would be a bad transfer of land by a dead person that seemed to come to life by magic. In contrast, lawyers jokingly call a good transfer by a living person a zombie deed when it's registered after the person dies. The court's reasons in the case confuse the ...
A husband and wife had jointly owned a home registered in the Ontario land titles system. When she died, her interest would automatically have ended and left the husband as the only owner. While in a hospital, the wife had signed a document to transfer her interest to herself. This would have changed her joint interest into a 50% share and allowe...
The court's reasons in the case confuse the meanings of the word, "zombie," and must be read carefully. But the court clearly decided that the wife's Acknowledgement and Direction was a valid transfer and could have been registered after her death. The court's reasons show the following about the Ontario electronic land registration system: The re...
The court's reasons in the case confuse the meanings of the word, "zombie," and must be read carefully. But the court clearly decided that the wife's Acknowledgement and Direction was a valid transfer and could have been registered after her death. Land Registry Ontario refuses to register any transfer not registered before a person has died (or b...
The reasons for the court's decision in the case and Land Registry Ontario's info show the following about a transfer of the ownership of land: Unlike some western provinces, Ontario has long followed a practice of completing routine transactions in the land titles system when they're submitted for registration even though the entries may be made o...
This paper shows the facts above (see Facts (outline)) and below (see Four documents and overall results (entries in the register)). Where this paper deals with each major issue, it starts by stating the relevant principles. This paper may contain only brief reasons for these principles. For each of set of principles, the paper shows how they app...
The facts showed that the Ontario electronic land registration system was concerned with the entry of four documents in the register. They're listed below with a summary of the how the principles applied to each and of what the court decided for each. This case comment sets out the principles and reasons later. The wife's Acknowledgement and Dire...
The court's reasons in the case confuse the meanings of the word, "zombie," and must be read carefully. But the court clearly decided that the wife's Acknowledgement and Direction was a valid transfer and could have been registered after her death. The court's reasons dealt with two kinds of transfers registered after a person died: • A transfer m...
The court's reasons in the case confuse the meanings of the word, "zombie," and must be read carefully. But the court clearly decided that the wife's Acknowledgement and Direction was a valid transfer and could have been registered after her death. While Land Registry Ontario's info contains some words that may have mixed meanings, its overall mea...
The Ontario Land Titles Act can give to a person a right to an interest of some kinds in land, together with the right to any interest that goes along with the interest, subject to any interest entered in the register but free from any right or interest not entered in the register. When the Act does so, it creates the interest. The person becomes...
Principles (Act allowing a person to create or deal with any right)
The Ontario electronic registration system allows only a licensed user of the system (who's usually a lawyer) to prepare and complete a registration. (See Principles (Act allowing rights to be preserved by entry on the register).) In practice, a party to a document usually authorizes the licensed user to do the above in a paper "Acknowledgement an...
Principles (Act allowing rights to be preserved by entry on the register)
The wife had signed an Acknowledgement and Direction for a transfer by the wife to herself to change her joint ownership into an ownership of a 50% share. By oversight her lawyer hadn't registered the transfer before she died. The principles show that the wife's Acknowledgement and Direction was a valid transfer. The principles show that the wife...
After the wife died, her lawyer had submitted the transfer by the wife to herself to change her joint ownership into an ownership of a 50% share and the system had registered it. To register the transfer in the wife's Acknowledgement and Direction, the lawyer had used the form that the system provides, that can be used for a pure electronic documen...
[meaning the registered transfer and registered transmission]. When the judge decided the case, the registered transfer by the wife to herself and the registered transmission had already been registered. They had rightly ensured that the register reflected the true rights of the wife's estate (albeit by using improper processes). And the transfe...
After the wife died, her lawyer had submitted the transfer by the wife to herself to change her joint ownership into an ownership of a 50% share and the system had registered it. To register the transfer in the wife's Acknowledgement and Direction, the lawyer had used the form that the system provides, that can be used for a pure electronic documen...
law statements would have to be made by the lawyer that the transferor is over the age of 18 and what their marital status is, when in fact, the transferor is deceased. If the death of the transferor is honestly and accurately disclosed, the transfer registration will be properly rejected by the Land Registry Office for registration. Transfers of...
added.] [Comment. The statements weren't law statements (see A above). The statements were "accurate" (see B above). The statements couldn't logically be accurate "at the time of registration" (see Electronic registration (Act allowing rights to be preserved by entry on the register, principles)). For the same reason, where paragraph (d) in the...
The court's reasons in the case confuse the meanings of the word, "zombie," and must be read carefully. But the court clearly decided that the wife's Acknowledgement and Direction was a valid transfer and could have been registered after her death. While Land Registry Ontario's info contains some words that may have mixed meanings, its overall mea...
vesting order" were inconsistent with everything else in the info and were based on the court's mistaken comments on only the procedure. The words might cause the info to have a mixed meaning which admits that a "Zombie Deed" can be valid and, if so, despite the rest of the info, you can register it if you "go to court and get a vesting order," P...
Service. When setting a policy, it's easy for Land Registry Ontario to base its decision on whether the policy will serve its own convenience. Basing a policy decision on whether it will serve the public is common sense and must always lead to a better decision. In this case, the policy in the info was both unjust and didn't serve to the public....
Ontario's move to electronic land registration was a remarkable achievement. However, before the move, Ontario needed a deeper understanding of its land registration laws. The move required the system to use a streamlined process to convert millions of properties from the registry system to the land titles system. This gave the system great power...
References to Ontario Acts are to the consolidation of those Acts, as they appeared on the Ontario government website, http://www.e-laws.gov.on.ca.
son, Elliott, was born on November 1st, 1990. Not long after Elliott’s birth, the marriage began to encounter difficulties. There were disagreements leading to arguments. Therapists were consulted. By the beginning of 1994 the marriage was virtually dead. In July 1994 the wife left the home, taking the two children with her.
After the wife died, her lawyer completed the transfer electronically and the system registered it. The wife's estate trustees and the husband sold the property on the understanding that the lawyer would hold the proceeds of the sale until the court decided who was entitled to them. The wife's estate trustees registered a transmission which ...
Mar 18, 2014 · R. v. Elliott, 1993 CanLII 4500 (NS SC) This was an appeal of the respondent's acquittal of failing to provide a breath sample in an ALERT demand. While being detained in the back seat of a patrol car, the respondent was noted to have a strong smell of alcohol on her breath. The officer learned that she had consumed alcohol and asked her 'how ...
People also ask
Is Thompson v Elliott Estate a legal opinion or legal advice?
Was Thompson v Elliott a 'zombie' transfer of land?
Why is Thompson v Elliott important?
The Estate of Elliott et al. [Indexed as: Thompson v. Elliott Estate] Ontario Reports Ontario Superior Court of Justice MacLeod-Beliveau J. March 6, 2020 150 O.R. (3d) 625 | 2020 ONSC 1004 Case Summary Real property — Co-ownership — Joint tenancy — Matrimonial home — Severance — Wife instructing lawyer to prepare new will to have her ...
