The appellant corporation appealed a partial summary judgment enforcing a mortgage against its property.
The appellant argued the mortgage was a 'fraudulent instrument' under the Land Titles Act because the individual who executed it had fraudulently assumed control of the corporation.
The Court of Appeal dismissed the appeal, holding that the mortgage was not a forgery, the corporation was not a 'fictitious person', and the individual did not falsely hold herself out as the registered owner.
The doctrine of deferred indefeasibility did not invalidate the mortgage, and partial summary judgment was appropriate.
