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, 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.
Email this Content