The applicants sought to strike an agreement from the land registry that had been registered on the title of their residential property for nearly 25 years.
The agreement, made between siblings, contained a right of first refusal and provided for equal distribution of net proceeds upon the sale of the property.
The court found that the agreement was intended to survive the death of the parties and bind their heirs.
The court also held that the addendum binding the applicant's spouse was supported by valid consideration in the form of forbearance.
Finally, the court confirmed the agreement was properly registered on title under both the Registry Act and the Land Titles Act.
The application was dismissed.
