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In This Volume

  • 3 (1) A vendor or purchaser of an interest in land may apply in a summary way to the Supreme Court about a requisition, an objection, a claim for compensation or any other question, relating to the contract, except a question affecting its existence or validity.
  • (2) The court must make the order it considers proper, by reference to a registrar or otherwise, and must order how and by whom the costs of the application will be paid.




Where a vendor refused to complete upon tender of final payment and a registrable instrument, the purchasers applied under s. 3 for registration of the agreement for sale. The court held that the section was inapplicable in the circumstances but indicated that the purchasers could institute proceedings to compel delivery of an executed deed and seek summary judgment (Stryer v. Corlett, [1977] B.C.D. Civ. (6 July 1977) (S.C.)).