LOLG Wins Appeal Confirming Finality of Court Orders Registered on Properties
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On June 2, 2023, the Court of Appeal set aside the Divisional Court’s decision and restored the Application Judge’s decision that a discharge order registered on a real estate property satisfies the contractual requirement that an easement be removed prior to the deadline. The Court of Appeal agreed with LOLG’s submissions that a discharge order, once registered on title, is final and effective despite any unexpired right of appeal, so long as the appellant had not sought to stay the order prior to its registration. The decision provides important clarity regarding the finality of court orders registered on property and will provide parties with greater certainty of title. It also clarifies the steps that parties must take to preserve their rights pending an appeal of a court order to be registered on title. The decision can be found here: Airport Business Park Inc. v. Huszti Holdings Inc., 2023 ONCA 391