This appeal concerned the reinstatement of a mortgage charge (FO Charge) on a property title after it was mistakenly deleted by the Land Registry Office.
The applicant, FirstOntario Credit Union, appealed the Director of Titles' decision to delete the reinstated charge, arguing for rectification of the register or that the respondents had constructive notice of its interest.
The court dismissed the appeal, affirming the doctrine of indefeasibility of title for bona fide purchasers and mortgagees for value without actual notice.
It held that constructive notice is insufficient to defeat registered interests and that the Land Titles Assurance Fund is the appropriate remedy for losses due to registry errors.
