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In This Volume

  • 27 A sale, transfer or charge to or in favour of himself or herself by an attorney named in a power of attorney, of land owned by the principal and purporting to be made under the power of attorney, is not valid unless the power of attorney expressly authorizes it or the principal ratifies it.

1979-340-23.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

For powers of attorney in land title practice, see generally Part 6 of the Land Title Act (ss. 51 to 57) in this Manual.

CASE LAW

Ratification

A transfer of timber rights by an attorney named in a power of attorney to themselves, while the principal is alive, is not valid unless the power of attorney expressly authorizes the transfer, or the principal ratifies it. A subsequent “ratification” by the executrix of the principal’s estate is not sufficient to meet the requirements of s. 27 of the Property Law Act, because the unauthorized transfer took place when the principal was still alive and the executrix did not become a “principal” capable of ratifying an unauthorized act until after the principal’s death (Norum v. Garrett, 1992 CanLII 1609 (BC SC)).