13 (1) Despite any statute or rule of law, a transfer or other document transferring an interest in land, a charge or discharge need not be
executed under seal by any person, and such a document that is not
executed under seal has the same effect for all purposes as if
executed under seal.
Section 13 of the Ontario Land Registration Reform Act says that a transfer has the same effect for all purposes as if
executed under seal (see Friedmann Equity Developments v Final Note Ltd...
For instance, LAWPRO went to the Supreme Court of Canada in Friedmann Equity Developments Inc. v. Final Note Ltd. to help uphold the ancient «sealed contract» rule — that is, where a contract is
executed under seal, an undisclosed principal (investor) can neither sue nor be sued upon it.
An instrument
executed under seal is called a deed.
Despite any statute or rule of law, a transfer or other document transferring an interest in land, a charge or discharge need not be
executed under seal by any person, and such a document that is not
executed under seal has the same effect for all purposes as if
executed under seal.
Not exact matches
Since few people are aware of these differences,
executing an instrument
under seal is a practice which is attended by some danger.
The above British Columbia report referred to legislation showing that an instrument purporting to deal with land, and every power of attorney
under which the instrument was
executed, could be
executed without a
seal.
Had that rule been overturned, many investors in corporations which had
executed debt instruments
under seal might have become personally liable for the corporations» debts, and would have blamed their solicitors for failing to protect them from that risk.