The applicant, Raymond Hardy, sought a vesting order to transfer the matrimonial home, previously held with his deceased wife, Louise Hardy, solely into his name.
The property was mistakenly registered as tenants in common instead of joint tenants, contrary to the couple's original instructions to their solicitor.
The court granted the vesting order, finding that while equitable rectification was not available, statutory rectification under s.160 of the Land Titles Act was appropriate given the original intention of the parties and the lack of prejudice to beneficiaries.
The court dispensed with formal service due to consent from all beneficiaries and granted the vesting order directly to avoid needless delay, effectively rectifying the register and confirming the applicant's sole ownership by right of survivorship.
