Previous owner instructed defendant to prepare reference plan to sever land into three parcels with access provided by right-of-way. Defendant acknowledged they failed to follow instructions provided at time plan was prepared. Application was brought for declaration that mistake was made in description of right-of-way. Applicant sought rectification of reference plan to have plan amended to accord with actual location of right-of-way, which existed for many years. Application for rectification was dismissed. There was nothing to suggest new owner was anything other than bona fide purchaser for value. To permit rectification of mistake, which did not even involve parties to action, would seriously undermine foundation on which land title system was based.
Spencer v. Salo
(Jan. 20, 2012, Ont. S.C.J., Cornell J., File No. C-10; 512-07) 211 A.C.W.S. (3d) 993 (7 pp.).