The plaintiffs, beneficial owners of a property, sought a declaration of ownership and a vesting order after the defendant bare trustee sold the property without their consent.
The trustee, who was subject to personal executions, signed a false affidavit stating he was not the execution debtor to complete the sale.
The court found the trustee was a 'fraudulent person' under the Land Titles Act and the transfer was a 'fraudulent instrument'.
The purchaser was not a bona fide purchaser without notice, as suspicious circumstances put him on inquiry.
The court declared the transfer void and ordered the title rectified to reflect the beneficial ownership interests.
