When a Typo Threatens a Power of Sale, Precision Wins the Day
Overview
Ontario's Superior Court just confirmed something every secured lender needs to hear: title mistakes don't have to derail enforcement.
Our team successfully acted for Libro Credit Union in an application to correct a chargor’s misspelled name on a registered first charge — an error that prevented the lender from initiating a power of sale despite clear default and more than $1 million outstanding.
Justice Doi agreed that the discrepancy was an inadvertence and exercised the Court’s broad rectification powers under ss. 159–160 of the Land Titles Act. In the Court’s words, refusing rectification “would result in fundamental unfairness.” The register will now be amended to reflect the correct name, clearing the path for enforcement.
This decision reinforces a key principle: Ontario courts will intervene when technical defects in land‑title instruments threaten substantive rights. Rectification remains a powerful fairness remedy — especially when no party has relied on the error to their detriment.
An excellent result for Libro, underscoring an important point for lenders navigating the land titles system: while accuracy matters, not every mistake is fatal.
Related people
-
Introspective and analytical, James takes a methodical approach to each of his files, ensuring that his clients each receive the best representation possible.
View full bio
-
A born litigator, Sean’s tenaciousness and relentless focus on solving complex legal issues have earned him the trust of clients, respect from the bench and even more than a few referrals from lawyers at competing firms.
View full bio
