Fidelity Trust Co. of Ontario v. Purdom and Northern Life Assurance Co. of Canada

Fidelity Trust Co. of Ontario v. Purdom and Northern Life Assurance Co. of Canada
Collection
Supreme Court Judgments
Date
1929-06-13
Report
[1930] SCR 119
Judges
Anglin, Francis Alexander; Duff, Lyman Poore; Rinfret, Thibaudeau; Lamont, John Henderson; Smith, Robert
On appeal from
Ontario
Subjects
Priorities and hypothecs
Decision Content
Supreme Court of Canada
Fidelity Trust Co. of Ontario v. Purdom and Northern Life Assurance Co. of Canada, [1930] S.C.R. 119
Date: 1929-06-13
The Fidelity Trust Company of Ontario (Defendant and Third Party) Appellant;
and
Margaret Purdom (Plaintiff) Respondent;
and
The Northern Life Assurance Company of Canada (Defendant) Respondent.
1929: May 28, 29; 1929: June 13.
Present: Anglin C.J.C. and Duff. Rinfret, Lamont and Smith JJ.
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ONTARIO.
Mortgage—Trusts and trustees—Construction and effect of declaration of trust—Plaintiff’s interest thereunder—Right of mortgagor to make mortgage in question as against plaintiff’s interest—Notice to mortgagee—Mortgagee’s right to indemnity against mortgagor.
APPEAL by the Fidelity Trust Company of Ontario, defendant and third party, from the judgment of the Appellate Division of the Supreme Court of Ontario[1], which allowed the plaintiff’s appeal from the judgment of Orde J.A.1, dismissing her action as against both defendants. By the judgment of the Appellate Division1 it was declared that a certain mortgage made by the present appellant to the defendant, The Northern Life Assurance Company of Canada, was not binding upon the plaintiff's interest in certain lands included in the mortgage; and it was also declared that the defendant, The Northern Life Assurance Company of Canada, was entitled to indemnity and relief over against the present appellant.
On appeal to the Supreme Court of Canada, after hearing counsel on behalf of all parties, the Court reserved judgment and, on a subsequent day, delivered judgment (no written reasons being given) dismissing the appeal with costs.
Appeal dismissed with costs.
A.C. McMaster K.C. and J.M. Bullen for the appellant.
W.N. Tilley K.C. and J.W.G. Winnett K.C. for the respondent (plaintiff) Margaret Purdom.
J.G. Gillanders for the respondent (defendant) The Northern Life Assurance Company of Canada.
[1] 63 Ont. L.R. 12.