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Civil Litigation Dicta - Transfer or Transmission of Interest. Herold Estate v. Curve Lake First Nation
In Herold Estate v. Curve Lake First Nation (Ont CA, 2024) the Ontario Court of Appeal considered application of R11 ['Transfer or Transmission of Interest']:[24] The continuing and current ownership of Lot 35 by the Estate was the basis for its claim to current ownership of the Islands. Counsel for the responding parties argues that it was simply the acquisition of ownership of Lot 35 at a historical point in time that gave the Estate the right to claim ownership of the Islands, unaffected by any subsequent transfer of Lot 35. But there is a short answer to this argument. The Estate’s case was never put or addressed that way, because on the facts it put before the courts it was the current registered owner of Lot 35, which implied that there had been no transfer.[3]
[25] Because ownership of Lot 35 was the basis of the claim to ownership of the Islands, the transfer of ownership engaged r. 11.01, which provides:Where at any stage of a proceeding the interest or liability of a party is transferred or transmitted to another person by assignment, bankruptcy, death or other means, the proceeding shall be stayed with respect to the party whose interest or liability has been transferred or transmitted until an order to continue the proceeding by or against the other person has been obtained. [26] The application ought not to have continued in the name of the Estate after the transfer. If the claim to ownership of the Islands because they were part of Lot 35 was to be continued, it ought to have been continued by Mr. Herold solely in his own name and on his own behalf. Had he done so, he would have been responsible for costs.
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