Taxonomy of Key Judicial Substantive Reliefs in Real Property and Real Estate Litigation

1. Effect of Registration

Declaration determining the legal effect of registration: Determines whether registration created, transferred, charged, discharged, or otherwise affected the estate or interest identified in the registered instrument (S. 78(4), LTA; RA; common law; equity; terms).

Declaration determining the effect of an unregistered instrument: Determines the legal effect of an instrument between the parties, or against another person, notwithstanding that the instrument was not registered (S. 72, 78, LTA; S. 71, RA; common law; equity; terms).

2. Priority of Interests

Declaration determining priority between registered interests: Determines the relative priority of competing instruments or interests registered against the same estate or interest in land (S. 78(5), 93, LTA; S. 71, RA; common law; equity; terms).

Declaration determining priority between registered and unregistered interests: Determines whether an unregistered legal or equitable interest binds or takes priority over a subsequently registered interest (S. 72, 78, LTA; S. 71, RA; common law; equity).

Declaration that a registered interest is subject to a prior unregistered interest: Declares that a registered interest is bound by a prior unregistered interest because of actual notice, equitable fraud, or another applicable exception to registered priority (S. 72, 78, LTA; S. 71, RA; common law; equity).

Declaration postponing the priority of a registered interest: Subordinates a registered interest to another registered interest in accordance with a legally effective postponement or subordination (S. 78(6), LTA; RA; common law; equity; terms).

Order enforcing a priority, postponement, or subordination agreement: Gives effect to an agreement governing the relative priority of competing interests in land (LTA; RA; common law; equity; terms).

3. Rectification of the Register

Order rectifying the land titles register: Corrects the register following a judicial determination that a person is entitled to an estate, right, or interest in registered land or that an entry or omission should be corrected (S. 158(3), 159, 160, LTA; common law; equity).

Order adding an omitted interest to the register: Records an estate, right, interest, or encumbrance that was mistakenly or improperly omitted from the register (S. 158(3), 159, 160, LTA; common law; equity).

Order restoring an improperly removed interest to the register: Reinstates an estate, right, interest, or encumbrance that was mistakenly or improperly deleted or discharged from the register (S. 158(3), 159, 160, LTA; common law; equity).

Order removing an unauthorized or erroneous entry from the register: Vacates an entry, notice, caution, inhibition, restriction, or other instrument that was entered without authority or does not validly affect the land (S. 158(3), 159, 160, LTA; common law; equity).

Order correcting the registered nature or extent of an interest: Amends the register where an estate, right, interest, or encumbrance was inaccurately recorded as to its nature, scope, duration, share, or legal character (S. 158(3), 159, 160, LTA; common law; equity; terms).

Order correcting the registered form of co-ownership: Rectifies the register where the parties were mistakenly registered as joint tenants instead of tenants in common, or as tenants in common instead of joint tenants (S. 158(3), 159, 160, LTA; common law; equity; terms).

Order correcting the registered priority of interests: Amends the register to reflect the legally correct ranking of registered interests where their recorded priority resulted from an error or omission (S. 158(3), 159, 160, LTA; RA; common law; equity; terms).

Order correcting a registered description or reference-plan entry: Rectifies an erroneous description, plan reference, or related entry where the register inaccurately depicts the land or the location of an interest affecting it (S. 140(2), 158(3), 159, 160, LTA; common law; equity).

Order directing registration of a judicially established interest: Requires an estate, right, interest, or encumbrance established by the court to be entered in the register (S. 159, 160, LTA; RA; CJA; R.).

Order directing consequential amendment or cancellation of registered entries: Requires the amendment or removal of other entries that cannot remain effective following the court’s rectification or priority determination (S. 159, 160, LTA; RA; CJA; R.).

1. Legal Ownership

Declaration that a person is the legal owner of real property: Determines that the person holds legal title to the whole or identified portion of the property (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that a person is not the legal owner of real property: Determines that the person does not hold legal title to the property notwithstanding the asserted basis of ownership (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that a person has no legal estate or interest in real property: Determines that the person’s asserted right does not constitute a legally recognized estate or interest in the property (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that a person is the exclusive legal owner of real property: Determines that the person alone holds legal title and that another claimant has no legal ownership interest in the property (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration quieting title against an adverse claim: Confirms the claimant’s legal title and determines that an opposing claim does not establish an estate or interest in the property (S. 97, CJA; common law; equity).

Declaration concerning the nature of a legal estate: Determines whether a person holds the property in fee simple, for life, for a term of years, or through another legally recognized estate (S. 97, CJA; CLPA; common law; terms).

Declaration concerning the extent of a legal estate or interest: Determines the property, portion, share, or other extent to which a person’s legal ownership applies (S. 97, CJA; LTA; RA; CLPA; common law; equity; terms).

Declaration that a legal estate is absolute: Determines that the estate is not subject to an asserted condition, limitation, determinable event, reversion, or right of re-entry (S. 97, CJA; CLPA; common law; terms).

Declaration that a legal estate is conditional or determinable: Determines that the estate is subject to termination, reversion, forfeiture, or another consequence upon the occurrence of a specified event (S. 97, CJA; CLPA; common law; terms).

Declaration concerning a life estate and remainder or reversionary interest: Determines the respective present and future legal interests of a life tenant, remainderman, or reversioner (S. 97, CJA; CLPA; common law; equity; terms).

Declaration that legal estates or interests have merged: Determines that a lesser and greater estate or interest have united in the same person and that the lesser interest no longer exists separately (S. 97, CJA; CLPA; common law; equity; terms).

Declaration that legal estates or interests have not merged: Preserves the separate existence of estates or interests where the governing intention, circumstances, or equitable considerations prevent merger (S. 97, CJA; CLPA; common law; equity; terms).

2. Beneficial Ownership

Declaration that a person is the beneficial owner of real property: Determines that the person holds the whole beneficial interest in the property notwithstanding the identity of the registered or legal owner (S. 97, CJA; common law; equity; terms).

Declaration that a person is not the beneficial owner of real property: Determines that the person has no beneficial ownership interest notwithstanding a contribution, relationship, agreement, possession, or other asserted basis of entitlement (S. 97, CJA; common law; equity; terms).

Declaration that a person is the exclusive beneficial owner of real property: Determines that the person alone is entitled to the property’s benefits, value, income, and proceeds and that another claimant has no beneficial ownership interest (S. 97, CJA; common law; equity; terms).

Declaration that legal and beneficial ownership coincide: Determines that the legal owner also holds the entire beneficial interest in the property (S. 97, CJA; common law; equity; terms).

Declaration that legal and beneficial ownership are separated: Determines that the legal owner holds title for the benefit of another person or that the beneficial interest is otherwise held separately from legal title (S. 97, CJA; common law; equity; terms).

Declaration that the legal owner holds property for another person: Determines that the registered or legal owner is required to hold the property for the benefit of the person judicially entitled to its beneficial ownership (S. 97, CJA; common law; equity; terms).

Declaration that the legal owner holds property as a bare trustee or nominee: Determines that the registered owner holds legal title without an independent beneficial interest and must act in accordance with the beneficial owner’s lawful directions (S. 97, CJA; common law; equity; terms).

Declaration concerning the extent of a beneficial interest: Determines the property, portion, percentage, value, or other extent of a person’s beneficial ownership (S. 97, CJA; common law; equity; terms).

Declaration concerning the proportionate beneficial interests of multiple persons: Determines the respective beneficial shares of two or more persons claiming interests in the same property (S. 97, CJA; common law; equity; terms).

Declaration that a beneficial interest is vested: Determines that the person’s beneficial entitlement is presently fixed and is not dependent upon satisfaction of an unfulfilled condition precedent (S. 97, CJA; common law; equity; terms).

Declaration that a beneficial interest is contingent: Determines that the person’s beneficial entitlement depends upon the occurrence or satisfaction of a future event or condition (S. 97, CJA; common law; equity; terms).

Declaration that a beneficial interest is subject to a condition or limitation: Determines the condition, restriction, duration, or other limitation governing the person’s beneficial ownership (S. 97, CJA; common law; equity; terms).

Declaration that a beneficial interest has terminated: Determines that a beneficial ownership interest ended upon the occurrence of a terminating event, satisfaction of a condition, release, conveyance, or other legally effective basis (S. 97, CJA; common law; equity; terms).

3. Trusts Affecting Ownership

Declaration that real property is held under an express trust: Determines that an enforceable express trust exists and that the trustee holds the property for the identified beneficiary or purpose (S. 97, CJA; TA; SOF; common law; equity; terms).

Declaration that no express trust over real property exists: Determines that the alleged trust was not created or is unenforceable because the required intention, subject matter, objects, form, or other legal requirements are absent (S. 97, CJA; SOF; common law; equity; terms).

Declaration concerning the terms of an express trust affecting real property: Determines the identity of the trustee and beneficiaries and the nature, extent, duration, conditions, and administration of the interests created by the trust (S. 97, CJA; TA; common law; equity; terms).

Declaration that real property is subject to a resulting trust: Determines that legal title is held for the person who provided the property or purchase funds, or from whom the beneficial interest is presumed to result (S. 97, CJA; common law; equity).

Declaration that real property is not subject to a resulting trust: Determines that no beneficial interest results to the claimant because the applicable presumption does not arise or has been rebutted by evidence of gift, agreement, or contrary intention (S. 97, CJA; common law; equity; terms).

Declaration concerning the proportionate interests arising under a resulting trust: Determines the beneficial shares attributable to the parties’ respective contributions or the governing intention recognized by equity (S. 97, CJA; common law; equity; terms).

Declaration that a transfer was intended as a gift: Determines that the transferor intended to confer beneficial ownership upon the transferee and thereby rebuts an asserted resulting trust (S. 97, CJA; common law; equity).

Declaration that a transfer was not intended as a gift: Determines that the transferee was not intended to receive beneficial ownership and holds the property or interest for the transferor or another person (S. 97, CJA; common law; equity).

Declaration that real property is subject to a constructive trust: Recognizes or imposes a beneficial interest in real property where required by unjust enrichment, wrongful acquisition or retention, breach of duty, or another recognized equitable basis (S. 97, CJA; common law; equity).

Declaration that real property is not subject to a constructive trust: Determines that the requirements for a constructive trust have not been established or that another remedy adequately responds to the proven circumstances (S. 97, CJA; common law; equity).

Declaration concerning the extent of a constructive trust interest: Determines the property, share, value, or proportionate beneficial interest to which the claimant is entitled under the constructive trust (S. 97, CJA; common law; equity).

Order imposing a constructive trust over real property: Subjects the whole or an identified portion of the property to a constructive trust in favour of the claimant (S. 97, 100, CJA; common law; equity).

Order imposing a constructive trust over sale proceeds or substituted property: Subjects identifiable proceeds or replacement property derived from the original real property to a constructive trust (S. 97, 100, CJA; common law; equity).

4. Proprietary Estoppel and Other Equitable Interests

Declaration that a person has an equity arising from proprietary estoppel: Determines that an assurance, reliance, and resulting detriment give the claimant an equitable entitlement concerning the property (S. 97, CJA; common law; equity).

Declaration that proprietary estoppel has not been established: Determines that the claimant has not proven the assurance, reliance, detriment, or other circumstances required to establish the asserted equity (S. 97, CJA; common law; equity).

Declaration of an ownership interest giving effect to proprietary estoppel: Recognizes a legal or beneficial interest in the property as the appropriate means of satisfying the claimant’s established equity (S. 97, CJA; common law; equity).

Order conveying or vesting property to satisfy proprietary estoppel: Transfers the whole or an identified interest in the property to provide the minimum relief necessary to satisfy the established equity (S. 97, 100, CJA; S. 25, LTA; common law; equity).

Order granting a right to occupy or use property to satisfy proprietary estoppel: Grants possession, occupation, use, access, or another limited property right where full ownership would exceed the relief required to satisfy the established equity (S. 97, 100, CJA; common law; equity).

Order awarding monetary relief in satisfaction of proprietary estoppel: Awards compensation where a monetary remedy appropriately satisfies the established equity instead of transferring an interest in the property (S. 97, CJA; common law; equity).

Declaration that a person holds an equitable lien over real property: Recognizes a non-possessory equitable security interest securing repayment of money or performance of an obligation connected to the property (S. 97, CJA; common law; equity).

Order enforcing an equitable lien against real property: Enforces the lien through sale, payment, or another appropriate means against the property or its proceeds (S. 97, 100, CJA; R.; common law; equity).

Order tracing a beneficial interest into real property: Identifies a beneficial interest in real property acquired, maintained, or improved using property or funds to which the claimant was beneficially entitled (S. 97, CJA; common law; equity).

Order tracing a beneficial interest into sale proceeds or substituted property: Preserves the claimant’s beneficial interest in identifiable proceeds or property substituted for the original real property (S. 97, CJA; common law; equity).

5. Fixtures and Components of Real Property

Declaration that an item is a fixture forming part of the real property: Determines that an item has become sufficiently annexed to the land or building to form part of the real property and pass with ownership of the land (S. 97, CJA; common law; terms).

Declaration that an item remains a chattel: Determines that an item located on or attached to the property retains its character as personal property and does not pass with ownership of the land (S. 97, CJA; common law; terms).

Declaration concerning ownership of an improvement or annexed item: Determines who owns a structure, improvement, installation, or other item incorporated into or attached to the land (S. 97, CJA; common law; equity; terms).

Declaration concerning the right to remove an annexed item: Determines whether a person may sever and remove a trade, tenant, ornamental, domestic, or other fixture from the property (S. 97, CJA; common law; equity; terms).

Order requiring removal of an item improperly annexed to real property: Requires removal of an item installed or annexed without a continuing legal right and, where appropriate, restoration of the affected property (S. 101, CJA; common law; equity; terms).

Order restraining removal of a fixture forming part of real property: Prevents a person from severing or removing an item that forms part of the land and belongs to the owner of the property (S. 101, CJA; R. 40; common law; equity; terms).

6. Conveyance and Vesting of Title

Order requiring conveyance of legal title: Requires the person holding or controlling legal title to execute and deliver the conveyance necessary to transfer the property to the person judicially determined to be entitled to it (S. 100, CJA; CLPA; common law; equity; terms).

Order requiring conveyance of legal title to the beneficial owner: Requires a trustee, nominee, or other legal owner to transfer legal title to the person judicially determined to hold the beneficial interest (S. 100, CJA; TA; CLPA; common law; equity; terms).

Vesting order transferring legal title: Vests the identified estate or interest directly in the person entitled to receive it without requiring a separate conveyance by the current legal owner (S. 100, CJA; S. 25, LTA; TA; common law; equity).

Vesting order transferring a beneficial interest: Vests the identified beneficial interest in the person judicially determined to be entitled to it (S. 100, CJA; TA; common law; equity).

Order appointing a person to execute a conveyance: Authorizes an appointed person to execute the transfer or other instrument where the person required to convey the property is unable, unavailable, unwilling, or legally incapable of doing so (S. 100, CJA; TA; common law; equity).

Order declaring that a court-authorized conveyance has the effect of a transfer by the legal owner: Gives the judicially authorized conveyance the same effect as an instrument properly executed by the person whose estate or interest is being transferred (S. 100, CJA; S. 25, LTA; TA).

Order requiring delivery of title documents: Requires a person possessing deeds, transfers, plans, instruments, or other title documents to deliver them to the legal or beneficial owner or another person judicially entitled to receive them (CJA; R.; common law; equity; terms).

1. Fraudulent Instruments

Declaration that an instrument is fraudulent: Determines that a transfer, charge, discharge, or other instrument affecting real property was procured, executed, or registered through legally recognized fraud (S. 57(13), 78(4.1)–(4.2), 155, LTA; S. 97, CJA; common law; equity).

Declaration that an instrument is a fraudulent instrument under the Land Titles Act: Determines that the instrument falls within the statutory definition of a fraudulent instrument and does not acquire ordinary validity or effect through registration (S. 1, 57(13), 78(4.1)–(4.2), LTA).

Declaration that an instrument is not fraudulent: Determines that the alleged dishonesty, misrepresentation, false statement, breach of duty, or lack of authority does not make the instrument fraudulent under the governing law (S. 57, 78, LTA; S. 97, CJA; common law; equity).

Declaration that a fraudulent instrument is void: Determines that the instrument has no legal effect and did not validly create, transfer, charge, discharge, or otherwise affect an estate or interest in land (S. 57(13), 78(4.1)–(4.2), 155, LTA; S. 97, CJA; common law; equity).

Declaration that an instrument procured by fraud is voidable: Determines that the instrument remains effective unless and until it is rescinded or set aside at the instance of the person entitled to avoid it (S. 97, CJA; common law; equity).

Order rescinding an instrument procured by fraud: Avoids the instrument and restores the affected parties, so far as reasonably possible, to their positions before the fraudulent transaction (S. 97, 100, CJA; common law; equity).

Order setting aside an instrument procured by fraud: Cancels the instrument and prevents the person responsible for or affected by the fraud from relying upon it to assert an estate, right, or interest in the property (S. 97, 100, CJA; common law; equity).

2. Forged Instruments

Declaration that an instrument is forged: Determines that a signature, execution, alteration, or purported authorization appearing on the instrument is not authentic (S. 57(13), 78(4.1)–(4.2), 155, LTA; S. 97, CJA; common law).

Declaration that an instrument is not forged: Determines that the challenged signature, execution, alteration, or authorization is authentic and that forgery has not been established (S. 97, CJA; LTA; common law).

Declaration that a forged transfer is void: Determines that a forged transfer did not validly convey the transferor’s estate or interest in the property, subject to the rights of persons protected by the land titles system (S. 57(13), 78(4.1)–(4.2), 155, LTA; S. 97, CJA; common law).

Declaration that a forged mortgage or charge is void: Determines that the forged instrument did not validly create a mortgage, charge, or other security interest against the property, subject to the rights of persons protected by the land titles system (S. 57(13), 78(4.1)–(4.2), 155, LTA; S. 97, CJA; common law).

Declaration that a forged discharge is void: Determines that the forged discharge did not validly release or extinguish the mortgage, charge, or other registered interest to which it purported to relate (S. 57(13), 78(4.1)–(4.2), 155, LTA; S. 97, CJA; common law).

Declaration that a forged power of attorney or other authority is void: Determines that a purported authority used to execute or register an instrument affecting the property is inauthentic and confers no authority upon the person relying upon it (S. 97, CJA; LTA; common law; equity).

Order setting aside a forged instrument: Cancels the instrument and prevents it from being relied upon as a valid source of an estate, right, interest, encumbrance, or discharge affecting the property (S. 57(13), 78, LTA; S. 97, 100, CJA; common law; equity).

3. Unauthorized Instruments

Declaration that an instrument was executed without authority: Determines that the person who executed the instrument lacked actual, apparent, statutory, contractual, corporate, trust-based, or other legal authority to affect the property (S. 97, CJA; LTA; common law; equity; terms).

Declaration that an instrument exceeded the authority granted to the person executing it: Determines that the transaction fell outside the scope, conditions, restrictions, or purposes of the authority relied upon (S. 97, CJA; common law; equity; terms).

Declaration that an instrument executed under a power of attorney is unauthorized: Determines that the attorney lacked authority to complete the transfer, mortgage, gift, discharge, or other dealing with the property (S. 97, CJA; LTA; common law; equity; terms).

Declaration that an instrument executed on behalf of a corporation is unauthorized: Determines that the individual purporting to bind the corporation lacked the required authority or approval to complete the dealing with the property (S. 97, CJA; LTA; common law; equity; terms).

Declaration that a trustee’s conveyance or encumbrance is unauthorized: Determines that the trustee lacked authority under the trust, governing law, or court order to transfer, mortgage, or otherwise deal with the trust property (S. 97, CJA; TA; common law; equity; terms).

Declaration that an unauthorized instrument is void: Determines that the absence of authority prevented the instrument from creating, transferring, charging, discharging, or otherwise affecting an estate or interest in the property (S. 97, CJA; LTA; common law; equity; terms).

Declaration that an unauthorized instrument is voidable: Determines that the instrument may be avoided by the person whose property or interest was affected without authority (S. 97, CJA; common law; equity; terms).

Declaration that an initially unauthorized instrument was ratified: Determines that the person entitled to challenge the instrument subsequently adopted or confirmed it with the required knowledge and authority (S. 97, CJA; common law; equity; terms).

Order rescinding or setting aside an unauthorized instrument: Cancels the instrument and reverses its legal consequences where it was executed without sufficient authority and was not validly ratified (S. 97, 100, CJA; common law; equity; terms).

4. Other Void and Voidable Instruments

Declaration that an instrument is void: Determines that a fundamental legal defect prevented the instrument from creating or affecting any estate, right, or interest in real property (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that an instrument is voidable: Determines that a legally recognized defect permits the instrument to be avoided at the election of the person entitled to challenge it (S. 97, CJA; common law; equity; terms).

Declaration that an instrument is valid and enforceable: Determines that the alleged defect does not invalidate the instrument and that it continues to have its intended legal effect (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that an instrument is invalid for lack of capacity: Determines that the person executing the instrument lacked the legal capacity required to understand or enter into the transaction (S. 97, CJA; common law; equity).

Declaration that an instrument is invalid because of undue influence: Determines that the instrument resulted from influence that overbore the transferor’s free and independent decision-making (S. 97, CJA; common law; equity).

Declaration that an instrument is invalid because of duress: Determines that the instrument was executed because of illegitimate pressure that deprived the person of meaningful freedom to choose (S. 97, CJA; common law; equity).

Declaration that an instrument is invalid under the doctrine of non est factum: Determines that the person was fundamentally mistaken, without disqualifying carelessness, about the nature or character of the instrument executed (S. 97, CJA; common law; equity).

Declaration that an instrument is invalid because of illegality or public policy: Determines that the instrument cannot be recognized or enforced because its formation, purpose, or required performance is unlawful or contrary to public policy (S. 97, CJA; common law; equity).

Declaration that an instrument is a sham: Determines that the instrument was not intended to create the legal rights and obligations it purports to record (S. 97, CJA; common law; equity).

Declaration that an instrument is ineffective for failure to satisfy required formalities: Determines that the instrument does not create or transfer the asserted interest because a legally required form, execution, attestation, writing, or other formality was not satisfied (S. 97, CJA; SOF; LTA; RA; common law; equity).

Order rescinding a voidable instrument: Avoids the instrument and restores the affected parties, so far as reasonably possible, to their positions before the transaction (S. 97, 100, CJA; common law; equity).

Order setting aside a void or voidable instrument: Cancels the instrument and prevents further reliance upon it as a source of rights or interests in the property (S. 97, 100, CJA; common law; equity).

5. Fraudulent Mortgages, Charges, and Discharges

Declaration that a mortgage or charge is fraudulent and void: Determines that the fraudulent instrument did not validly create an enforceable security interest against the property (S. 57(13), 78(4.1)–(4.2), 155, LTA; S. 97, CJA; common law; equity).

Declaration that a mortgage or charge is not fraudulent: Determines that the statutory or common-law requirements for treating the security instrument as fraudulent have not been established (S. 57, 78, LTA; S. 97, CJA; common law; equity).

Order discharging a fraudulent or forged mortgage from title: Removes the invalid mortgage or charge from the parcel register and releases the property from the purported security interest (S. 57(13), 78, LTA; S. 97, 100, CJA; common law; equity).

Declaration that a mortgage discharge is fraudulent and void: Determines that a fraudulent discharge did not release or extinguish the mortgage or charge to which it purported to relate (S. 57(13), 78(4.1)–(4.2), 155, LTA; S. 97, CJA; common law).

Order reinstating a fraudulently discharged mortgage: Restores the mortgage or charge to the register where a forged or fraudulent discharge improperly removed it (S. 57(13), 78, LTA; S. 97, 100, CJA; common law; equity).

Order restoring the priority of a fraudulently discharged mortgage: Returns the reinstated mortgage or charge to the priority it held before the fraudulent discharge, subject to any rights protected by the land titles system (S. 57(13), 78, 93, LTA; common law; equity).

Order restraining enforcement of a disputed fraudulent mortgage: Prevents the mortgagee from exercising a power of sale, seeking possession, commencing foreclosure, or otherwise enforcing the security while its validity is determined (S. 101, CJA; R. 40; common law; equity).

Order setting aside a sale or transfer completed under a fraudulent mortgage: Reverses a disposition completed through enforcement of a fraudulent mortgage where the governing law permits the disposition to be avoided (S. 97, 100, 101, CJA; LTA; MA; common law; equity).

6. Fraudulent Conveyances and Preferences

Declaration that a conveyance was made with intent to defeat, hinder, delay, or defraud creditors: Determines that the transfer of real property was made with the prohibited intent identified by the Fraudulent Conveyances Act (S. 2, FCA; S. 97, CJA; common law; equity).

Declaration that a conveyance is void as against creditors or others: Determines that the impugned conveyance is ineffective against persons protected by the Fraudulent Conveyances Act while addressing its continuing effect between the transferor and transferee (S. 2, FCA; S. 97, CJA; common law; equity).

Order setting aside a fraudulent conveyance: Avoids the conveyance to the extent necessary to permit creditors or other protected persons to pursue the transferred property or its value (S. 2, FCA; S. 97, 100, CJA; common law; equity).

Declaration that a conveyance was made in good faith and for valuable consideration: Determines that the transaction is protected from avoidance as a fraudulent conveyance (FCA; S. 97, CJA; common law; equity).

Declaration that a transfer constitutes an unjust preference: Determines that an insolvent person transferred, charged, or otherwise dealt with real property with the prohibited intention or effect of preferring one creditor over others (APA; S. 97, CJA; common law; equity).

Declaration that a preferential transfer or charge is void: Determines that the transfer, mortgage, charge, payment, or other dealing is ineffective against the persons protected by the Assignments and Preferences Act (APA; S. 97, CJA; common law; equity).

Order setting aside a preferential transfer or charge: Avoids the impugned dealing and returns the property or its value to the estate or fund available to creditors (APA; S. 97, 100, CJA; common law; equity).

Declaration that real property or its proceeds remain available to creditors: Determines that the fraudulently conveyed or preferentially transferred property, or identifiable proceeds derived from it, may be pursued to satisfy enforceable creditor claims (FCA; APA; CJA; common law; equity).

Order requiring reconveyance of fraudulently transferred property: Requires the transferee to return legal title to the transferor, estate, trustee, or other person through whom the property may lawfully be made available to creditors (FCA; APA; S. 100, CJA; common law; equity).

Order authorizing execution or realization against fraudulently transferred property: Permits the property to be seized, sold, or otherwise realized upon as though the impugned conveyance or preference had not defeated the creditor’s rights (FCA; APA; CJA; R.; common law; equity).

7. Consequential Title and Proprietary Relief

Order rectifying the register following registration of a fraudulent instrument: Directs correction of the parcel register where the statutory requirements for rectification arising from a fraudulent instrument are established (S. 57(13), 78, LTA).

Order removing a fraudulent, forged, or invalid instrument from the register: Vacates the instrument and removes its registration from title where it has no continuing legal effect against the property (S. 57(13), 78, 159, 160, LTA; S. 97, 100, CJA; common law; equity).

Order restoring an interest removed by a fraudulent instrument: Reinstates an ownership interest, mortgage, charge, or other right that was improperly transferred, discharged, or removed through fraud or forgery (S. 57(13), 78, LTA; S. 97, 100, CJA; common law; equity).

Order revesting legal title in the person deprived by fraud: Returns legal ownership to the person whose title was transferred through a fraudulent, forged, or invalid instrument, subject to any protected intervening rights (S. 57(13), 78, LTA; S. 100, CJA; common law; equity).

Order requiring reconveyance of property obtained through fraud: Requires the person holding title through an avoidable fraudulent transaction to transfer the property to the person entitled to its return (S. 100, CJA; LTA; common law; equity).

Declaration concerning the validity and priority of subsequent interests: Determines whether a later transfer, mortgage, charge, lease, or other interest remains effective notwithstanding an earlier fraudulent instrument (S. 78(4.1)–(4.2), 93, LTA; S. 97, CJA; common law; equity).

Order cancelling consequential instruments dependent upon an invalid instrument: Removes or sets aside later instruments that cannot legally remain effective after the foundational transfer, mortgage, authority, or discharge is declared invalid (S. 57(13), 78, 159, 160, LTA; S. 97, 100, CJA; common law; equity).

Order imposing a constructive trust over fraudulently obtained real property: Subjects the property to a constructive trust in favour of the person beneficially entitled to it where a proprietary remedy is legally justified (S. 97, 100, CJA; common law; equity).

Order imposing a constructive trust over proceeds of fraudulently transferred property: Subjects identifiable sale proceeds or substituted property to a constructive trust where the original property can no longer be recovered (S. 97, 100, CJA; common law; equity).

Order tracing property or proceeds obtained through real estate fraud: Identifies and preserves the claimant’s proprietary interest in the property, proceeds, or substituted assets into which the value can be traced (S. 97, CJA; common law; equity).

Order preserving property affected by alleged fraud: Restrains sale, transfer, encumbrance, dissipation, alteration, or other dealing with the property pending final determination of the fraud claim (S. 101, CJA; R. 40, 42; common law; equity).

8. Monetary and Restitutionary Relief

Judgment for damages for fraudulent misrepresentation or deceit: Compensates the claimant for loss caused by reasonable reliance upon a knowingly or recklessly false representation concerning the property or transaction (S. 97, CJA; common law).

Judgment for damages caused by a fraudulent transfer or instrument: Compensates the claimant for financial loss directly resulting from the fraudulent creation, transfer, charging, discharge, or disposition of an interest in the property (CJA; LTA; common law; equity).

Order for restitution following rescission or avoidance: Requires the return of money, property, benefits, or value transferred under a fraudulent, forged, unauthorized, or otherwise avoidable transaction (CJA; common law; equity).

Order requiring repayment of fraudulently obtained sale or mortgage proceeds: Requires the person who received proceeds through the fraud to restore the money to the person or estate legally entitled to it (CJA; common law; equity).

Order for an account of profits arising from real estate fraud: Requires the person responsible for the fraud to disclose and surrender profits obtained through the wrongful use, transfer, financing, or disposition of the property (CJA; R.; common law; equity).

Order for disgorgement of profits arising from real estate fraud: Requires the wrongdoer to surrender gains attributable to the fraudulent conduct where disgorgement is legally available (CJA; common law; equity).

Judgment for equitable compensation arising from breach of trust or fiduciary duty: Compensates for loss caused where the fraudulent dealing also constitutes a breach of trust or fiduciary obligation affecting the property (CJA; TA; common law; equity).

Judgment for punitive damages arising from real estate fraud: Punishes and denounces malicious, oppressive, or high-handed fraudulent misconduct where compensatory relief alone is insufficient (CJA; common law).

1. Formation and Existence of the Agreement

Declaration that an agreement of purchase and sale exists: Determines that the parties formed a contract for the purchase and sale of the identified real property (S. 97, CJA; SOF; common law; terms).

Declaration that no agreement of purchase and sale exists: Determines that the parties did not form a contract because offer, acceptance, consideration, certainty, intention to create legal relations, or another essential requirement is absent (S. 97, CJA; SOF; common law; terms).

Declaration that an offer to purchase was validly accepted: Determines that acceptance occurred in accordance with the offer’s terms and before the offer expired or was revoked (S. 97, CJA; common law; terms).

Declaration that an offer to purchase was not validly accepted: Determines that the purported acceptance was late, conditional, qualified, improperly communicated, or otherwise ineffective (S. 97, CJA; common law; terms).

Declaration that a purported acceptance constituted a counteroffer: Determines that the response varied or added to the proposed terms and therefore rejected the original offer and proposed a new bargain (S. 97, CJA; common law; terms).

Declaration concerning the parties to the agreement: Determines the identity of the persons legally entitled and obligated as vendor, purchaser, assignee, nominee, or other contracting party (S. 97, CJA; common law; equity; terms).

Declaration concerning the property subject to the agreement: Determines the land, buildings, fixtures, interests, rights, or other property included in the transaction (S. 97, CJA; common law; equity; terms).

Declaration that an agreement is sufficiently certain: Determines that the property, parties, price, and other essential terms are sufficiently definite to create an enforceable contract (S. 97, CJA; SOF; common law; equity; terms).

Declaration that an agreement is void for uncertainty: Determines that an essential term is so uncertain or incomplete that no enforceable contract was formed (S. 97, CJA; common law; equity; terms).

2. Validity and Enforceability of the Agreement

Declaration that an agreement of purchase and sale is valid and enforceable: Confirms that the agreement satisfies the requirements for a binding and enforceable contract concerning land (S. 97, CJA; SOF; common law; equity; terms).

Declaration that an agreement of purchase and sale is invalid or unenforceable: Determines that a defect in formation, capacity, form, legality, certainty, or another governing requirement prevents enforcement of the agreement (S. 97, CJA; SOF; common law; equity; terms).

Declaration that an agreement satisfies the Statute of Frauds: Determines that the agreement or sufficient memorandum is in writing and signed by the party against whom enforcement is sought (SOF; S. 97, CJA; common law; equity).

Declaration that an agreement is unenforceable under the Statute of Frauds: Determines that the agreement does not satisfy the applicable writing and signature requirements and that no recognized exception permits enforcement (SOF; S. 97, CJA; common law; equity).

Declaration that part performance permits enforcement of an agreement concerning land: Determines that the claimant’s acts are sufficiently referable to the alleged agreement to permit equitable enforcement notwithstanding non-compliance with the Statute of Frauds (SOF; S. 97, CJA; common law; equity).

Declaration that part performance has not been established: Determines that the acts relied upon do not sufficiently demonstrate or relate to the alleged agreement to permit equitable enforcement (SOF; S. 97, CJA; common law; equity).

Declaration that an agreement is invalid because of incapacity: Determines that a party lacked the legal capacity required to enter into the purchase and sale agreement (S. 97, CJA; common law; equity).

Declaration that an agreement is voidable because of duress or undue influence: Determines that a party’s consent was procured through illegitimate pressure or influence sufficient to permit avoidance of the agreement (S. 97, CJA; common law; equity).

Declaration that an agreement or contractual term is unconscionable: Determines that inequality of bargaining power and an improvident bargain make the agreement or identified term unenforceable (S. 97, CJA; common law; equity).

Order severing an unenforceable contractual term: Removes an invalid or unenforceable provision while preserving the remainder of the agreement where severance is legally available (S. 97, CJA; common law; equity; terms).

3. Interpretation and Terms of the Agreement

Declaration interpreting an agreement of purchase and sale: Determines the objective meaning and legal effect of the agreement as a whole (S. 97, CJA; S. 3–4, VPA; common law; terms).

Declaration interpreting a disputed contractual term: Determines the meaning and operation of an identified provision governing the transaction (S. 97, CJA; S. 3–4, VPA; common law; terms).

Declaration concerning terms implied by the Vendors and Purchasers Act: Determines which statutory terms form part of the agreement because the parties did not stipulate otherwise (S. 4, VPA; S. 97, CJA; terms).

Declaration concerning the purchase price or consideration: Determines the amount, calculation, allocation, or other consideration payable under the agreement (S. 97, CJA; common law; terms).

Declaration concerning the closing date: Determines the date on which the transaction must be completed, including the effect of any extension, amendment, waiver, or applicable contractual mechanism (S. 97, CJA; common law; equity; terms).

Declaration that time is of the essence: Determines that strict compliance with the contractual time for performance is required (S. 97, CJA; common law; equity; terms).

Declaration that time is not or is no longer of the essence: Determines that strict compliance with the original time for performance is not enforceable because of the agreement, waiver, conduct, election, or another recognized basis (S. 97, CJA; common law; equity; terms).

Declaration concerning an amendment to the agreement: Determines whether a purported amendment validly changed the parties’ rights and obligations (S. 97, CJA; SOF; common law; equity; terms).

Declaration concerning an extension of the agreement or closing date: Determines whether an extension was validly granted and the terms governing the extended performance period (S. 97, CJA; SOF; common law; equity; terms).

Declaration concerning the validity of an assignment: Determines whether the purchaser or vendor validly assigned contractual rights or obligations under the agreement (S. 97, CJA; common law; equity; terms).

Declaration concerning the rights and obligations of an assignee: Determines the extent to which an assignee may enforce or is bound by the assigned agreement (S. 97, CJA; common law; equity; terms).

Order rectifying an agreement of purchase and sale: Corrects the written agreement where it does not accurately record the parties’ prior common and continuing intention because of mistake (S. 97, CJA; common law; equity).

4. Conditions, Waivers, and Notices

Declaration that a contractual condition has been satisfied: Determines that the event, approval, financing, inspection, review, sale, or other condition required by the agreement has occurred (S. 97, CJA; common law; terms).

Declaration that a contractual condition has not been satisfied: Determines that the event or requirement necessary to make the agreement firm or require completion did not occur (S. 97, CJA; common law; terms).

Declaration that a contractual condition was validly waived: Determines that the party for whose benefit the condition was included effectively relinquished reliance upon it within the permitted time (S. 97, CJA; common law; equity; terms).

Declaration that a purported waiver was ineffective: Determines that the attempted waiver was late, conditional, improperly communicated, unauthorized, or otherwise failed to satisfy the agreement (S. 97, CJA; common law; equity; terms).

Declaration that a condition was included for the sole benefit of one party: Determines that the identified party alone holds the right to rely upon or waive the condition (S. 97, CJA; common law; terms).

Declaration that a condition cannot be unilaterally waived: Determines that the condition benefits both parties, affects an essential obligation, or otherwise requires mutual agreement before it can be waived (S. 97, CJA; common law; terms).

Declaration that a party exercised contractual discretion in good faith: Determines that the party assessed or relied upon a condition honestly and in a manner consistent with the agreement’s purpose (S. 97, CJA; common law; terms).

Declaration that a party failed to exercise contractual discretion in good faith: Determines that the party acted dishonestly, arbitrarily, capriciously, or for an improper purpose in relying upon or preventing satisfaction of a condition (S. 97, CJA; common law; terms).

Declaration that a condition was prevented from being satisfied: Determines that a party’s conduct caused or materially contributed to the non-fulfilment of a condition and addresses whether that party may rely upon the resulting failure (S. 97, CJA; common law; equity; terms).

Declaration that an agreement became firm and binding: Determines that all conditions were satisfied, waived, fulfilled, or otherwise ceased to prevent unconditional enforcement of the agreement (S. 97, CJA; common law; terms).

Declaration that an agreement terminated because of an unsatisfied condition: Determines that the agreement came to an end when a condition was not satisfied or waived within the time and manner prescribed (S. 97, CJA; common law; terms).

Declaration that a contractual notice was valid: Determines that a waiver, requisition, termination, extension, election, or other notice complied with the agreement’s substantive and delivery requirements (S. 97, CJA; common law; terms).

Declaration that a contractual notice was invalid: Determines that the notice was untimely, unclear, unauthorized, improperly delivered, or otherwise ineffective (S. 97, CJA; common law; terms).

5. Title, Requisitions, and Objections

Declaration that the vendor has good and marketable title: Determines that the vendor can convey the title promised by the agreement without exposing the purchaser to a reasonable risk of litigation or material defect (S. 3–4, VPA; LTA; RA; common law; equity; terms).

Declaration that the vendor does not have good and marketable title: Determines that a defect, encumbrance, competing interest, restriction, or other matter prevents the vendor from conveying the title required by the agreement (S. 3–4, VPA; LTA; RA; common law; equity; terms).

Declaration that a purchaser’s requisition or objection is valid: Determines that the purchaser properly and timely objected to a title, conveyancing, zoning, work-order, encumbrance, or other matter governed by the agreement (S. 3–4, VPA; common law; terms).

Declaration that a purchaser’s requisition or objection is invalid: Determines that the objection is unfounded, untimely, waived, outside the agreement, or otherwise incapable of preventing completion (S. 3–4, VPA; common law; terms).

Declaration that a requisition concerns a matter going to the root of title: Determines that the objection affects the vendor’s ability to convey the estate or interest promised and is not merely a collateral matter (S. 3, VPA; common law; terms).

Declaration that a requisition concerns a matter of conveyance: Determines that the objection concerns the manner in which the transaction must be completed rather than the vendor’s underlying title (S. 3–4, VPA; common law; terms).

Order requiring the vendor to satisfy a valid requisition: Requires the vendor to discharge, remove, correct, obtain, produce, or otherwise address the matter necessary to deliver the title promised by the agreement (S. 3, VPA; CJA; common law; equity; terms).

Declaration that the vendor is unable or unwilling to remove a valid objection: Determines that the vendor cannot or will not cure the title or conveyancing defect identified by the purchaser (S. 3–4, VPA; common law; terms).

Declaration that the purchaser waived a title defect or objection: Determines that the purchaser knowingly relinquished the right to insist upon correction of the identified matter (S. 3–4, VPA; common law; equity; terms).

Declaration that the vendor validly exercised a contractual right to terminate because of a title objection: Determines that the vendor complied with the contractual or statutory requirements permitting cancellation where an objection could not or would not be removed (S. 3–4, VPA; common law; equity; terms).

Declaration that the vendor invalidly or unreasonably exercised a right to terminate because of a title objection: Determines that the vendor could have cured the objection, acted arbitrarily or in bad faith, or otherwise failed to satisfy the requirements for termination (S. 3–4, VPA; common law; equity; terms).

Order granting compensation or an abatement for a title deficiency: Reduces the purchase price or awards compensation where the purchaser elects or is required to complete despite a title, quantity, quality, or conveyancing deficiency (S. 3, VPA; common law; equity; terms).

6. Performance and Completion

Declaration that a party was ready, willing, and able to complete: Determines that the party had the capacity, financing, authority, documents, and intention required to complete the transaction (S. 97, CJA; common law; equity; terms).

Declaration that a party was not ready, willing, and able to complete: Determines that the party lacked the capacity, financing, authority, documents, or intention necessary to perform its closing obligations (S. 97, CJA; common law; equity; terms).

Declaration that a tender of performance was valid: Determines that a party properly offered the documents, funds, possession, or other performance required to complete the transaction (S. 97, CJA; common law; equity; terms).

Declaration that a tender of performance was unnecessary or excused: Determines that formal tender was unnecessary because the other party clearly repudiated the agreement, made performance impossible, or demonstrated that tender would be futile (S. 97, CJA; common law; equity).

Declaration that a tender of performance was deficient: Determines that the purported tender did not comply with the agreement or did not demonstrate the party’s readiness, willingness, and ability to complete (S. 97, CJA; common law; terms).

Declaration concerning the amount required on closing: Determines the purchase funds, credits, adjustments, holdbacks, deductions, taxes, rents, interest, or other amounts payable upon completion (S. 3–4, VPA; common law; terms).

Order requiring delivery of closing documents: Requires a party to execute or deliver the transfer, statement of adjustments, direction, undertaking, discharge, declaration, key, or other document necessary to complete the transaction (S. 100, CJA; VPA; common law; equity; terms).

Order requiring payment of the purchase price: Requires the purchaser to pay the amount due under the agreement as a condition or consequence of completion (S. 100, CJA; common law; equity; terms).

Order requiring delivery of vacant possession: Requires the vendor or another person bound by the agreement to deliver the property free from occupants and possessions as promised on closing (S. 100, CJA; common law; equity; terms).

Order directing completion of the transaction: Requires the parties to take the identified steps necessary to complete the purchase and sale in accordance with the agreement and the court’s determinations (S. 100, CJA; VPA; common law; equity; terms).

7. Breach, Repudiation, and Termination

Declaration that the purchaser breached the agreement: Determines that the purchaser failed or refused to perform a contractual obligation, including the obligation to complete the transaction (S. 97, CJA; common law; terms).

Declaration that the vendor breached the agreement: Determines that the vendor failed or refused to perform a contractual obligation, including the obligation to convey title or complete the transaction (S. 97, CJA; common law; terms).

Declaration that a party repudiated the agreement: Determines that the party clearly indicated, through words or conduct, that it would not perform its contractual obligations (S. 97, CJA; common law; terms).

Declaration that an alleged repudiation did not occur: Determines that the words, conduct, delay, or disagreement relied upon did not amount to a refusal to perform the agreement (S. 97, CJA; common law; terms).

Declaration that a repudiation was accepted: Determines that the innocent party validly accepted the repudiation and terminated the parties’ remaining obligations while preserving accrued rights and claims (S. 97, CJA; common law; terms).

Declaration that a repudiation was not accepted: Determines that the innocent party elected to affirm the agreement and continued to require contractual performance (S. 97, CJA; common law; equity; terms).

Declaration that an agreement was validly terminated: Determines that a contractual, statutory, common-law, or equitable right of termination arose and was properly exercised (S. 97, CJA; VPA; common law; equity; terms).

Declaration that a purported termination was invalid: Determines that no right of termination arose or that the right was not exercised in the required time or manner (S. 97, CJA; VPA; common law; equity; terms).

Declaration that an agreement remains in force: Determines that the agreement was not terminated, rescinded, abandoned, frustrated, or otherwise discharged and continues to bind the parties (S. 97, CJA; common law; equity; terms).

Declaration that a breach was waived: Determines that the innocent party intentionally relinquished the right to rely upon the identified breach (S. 97, CJA; common law; equity; terms).

Declaration that a party is estopped from relying upon strict contractual rights: Prevents a party from insisting upon strict performance where its representation or conduct induced the other party reasonably to proceed on a different basis (S. 97, CJA; common law; equity).

8. Specific Performance and Conveyance

Order requiring specific performance in favour of the purchaser: Requires the vendor to complete the sale and convey the property where damages would not adequately remedy the purchaser’s loss and equitable relief is otherwise appropriate (S. 100, CJA; common law; equity; terms).

Order requiring specific performance in favour of the vendor: Requires the purchaser to complete the purchase where damages would not adequately remedy the vendor’s loss and equitable relief is otherwise appropriate (S. 100, CJA; common law; equity; terms).

Order requiring conveyance of the property: Requires the vendor to execute and deliver the transfer of legal title in accordance with the agreement and the court’s determination (S. 100, CJA; LTA; RA; common law; equity; terms).

Vesting order transferring title to the purchaser: Vests the property directly in the purchaser where the court has ordered specific performance or conveyance and a vesting order is necessary to implement that relief (S. 100, CJA; S. 25, LTA; common law; equity).

Order appointing a person to execute closing documents: Authorizes another person to execute a transfer or other required instrument where a party refuses, fails, or is unable to do so (S. 100, CJA; common law; equity).

Order for specific performance with an abatement of the purchase price: Requires completion while reducing the purchase price to compensate for a deficiency in title, quantity, quality, or performance (S. 3, VPA; S. 100, CJA; common law; equity; terms).

Order imposing terms or conditions upon specific performance: Makes completion subject to payment, security, compensation, an accounting, discharge of an encumbrance, delivery of possession, or another term necessary to achieve justice (S. 100, CJA; common law; equity).

Order awarding damages in addition to specific performance: Compensates for delay, deterioration, lost income, carrying costs, or another loss not fully remedied by completion of the transaction (S. 99–100, CJA; common law; equity).

Order awarding damages in substitution for specific performance: Awards monetary compensation where specific performance is unavailable, inappropriate, or no longer capable of being carried out (S. 99, CJA; common law; equity).

9. Rescission and Restoration

Order rescinding an agreement of purchase and sale: Sets the agreement aside and restores the parties, so far as reasonably possible, to their pre-contractual positions where a recognized basis for rescission is established (S. 97, CJA; common law; equity).

Order rescinding an agreement for misrepresentation: Sets the agreement aside because a material misrepresentation induced the claimant to enter into the transaction (S. 97, CJA; common law; equity).

Order rescinding an agreement for mistake: Sets the agreement aside where the governing mistake makes enforcement legally or equitably inappropriate (S. 97, CJA; common law; equity).

Order rescinding an agreement for duress, undue influence, or unconscionability: Sets the agreement aside because the claimant’s consent or the resulting bargain was impaired by the recognized equitable wrong (S. 97, CJA; common law; equity).

Declaration that rescission is unavailable: Determines that rescission is barred because affirmation, delay, impossibility of substantial restoration, intervention of third-party rights, or another legal restriction applies (S. 97, CJA; common law; equity).

Order requiring mutual restoration following rescission: Requires each party to return the money, documents, possession, benefits, and property received under the rescinded transaction (CJA; common law; equity).

Order imposing terms upon rescission: Conditions rescission upon compensation, accounting, repayment, indemnification, restoration, or another requirement necessary to achieve practical justice between the parties (CJA; common law; equity).

10. Deposits and Purchase Funds

Declaration that the vendor is entitled to the deposit: Determines that the vendor may retain or receive the deposit under the agreement and the governing law (S. 97, CJA; common law; equity; terms).

Declaration that the purchaser is entitled to the return of the deposit: Determines that the purchaser is entitled to recover the deposit because the agreement was validly terminated, rescinded, frustrated, or otherwise ended without a right of forfeiture (S. 97, CJA; VPA; common law; equity; terms).

Order forfeiting the deposit to the vendor: Awards the deposit to the vendor as an earnest of performance following the purchaser’s default (CJA; common law; equity; terms).

Order returning the deposit to the purchaser: Requires the vendor, brokerage, lawyer, or other stakeholder to repay the deposit to the purchaser (CJA; VPA; common law; equity; terms).

Order granting relief from forfeiture of the deposit: Returns all or part of a forfeited deposit where retention would be disproportionate and unconscionable in the circumstances (S. 98, CJA; common law; equity).

Order refusing relief from forfeiture of the deposit: Preserves the vendor’s entitlement to the deposit where the requirements for equitable or statutory relief from forfeiture are not established (S. 98, CJA; common law; equity).

Order directing payment of the deposit out of trust: Requires the stakeholder holding the deposit to pay it to the party judicially determined to be entitled to it (CJA; R.; common law; equity; terms).

Order applying the deposit against the vendor’s damages: Credits the retained or paid deposit toward the vendor’s recoverable damages to prevent double recovery (CJA; common law; equity).

Order returning the portion of a deposit exceeding the vendor’s lawful entitlement: Requires repayment of any amount that cannot properly be retained as a deposit, damages, or compensation (S. 98, CJA; common law; equity).

11. Damages and Restitution

Judgment for the vendor’s loss-of-bargain damages: Compensates the vendor for the difference between the contract price and the property’s value or reasonable resale price following the purchaser’s breach (CJA; common law; terms).

Judgment for the purchaser’s loss-of-bargain damages: Compensates the purchaser for the difference between the contract price and the property’s value or the reasonable cost of obtaining a substitute property following the vendor’s breach (CJA; common law; terms).

Judgment for consequential damages arising from a failed transaction: Compensates for reasonably foreseeable losses caused by the breach beyond the immediate difference in property value (CJA; common law; terms).

Judgment for carrying costs following the purchaser’s breach: Compensates the vendor for reasonable mortgage interest, property taxes, insurance, utilities, maintenance, and other costs incurred because completion failed or was delayed (CJA; common law; terms).

Judgment for reasonable resale expenses: Compensates the vendor for additional commissions, legal expenses, marketing expenses, and other reasonable costs incurred in reselling the property following the purchaser’s breach (CJA; common law; terms).

Judgment for the purchaser’s wasted transaction expenses: Compensates the purchaser for reasonably incurred inspection, appraisal, financing, legal, moving, and other expenses wasted because of the vendor’s breach (CJA; common law; terms).

Judgment for damages caused by delayed completion: Compensates for financing costs, lost use, lost income, accommodation expenses, carrying costs, or other loss resulting from delay in completing the transaction (CJA; common law; equity; terms).

Order for an accounting of rents, income, expenses, and adjustments: Determines and reconciles financial benefits and obligations arising during a period in which completion was delayed or disputed (CJA; R.; common law; equity; terms).

Order for restitution of purchase funds: Requires repayment of money paid under an agreement that is void, rescinded, terminated, or otherwise incapable of supporting the recipient’s continued retention of the funds (CJA; common law; equity).

Order for restitution of benefits conferred in anticipation of completion: Requires restoration or compensation for benefits provided in reliance upon a transaction that did not complete (CJA; common law; equity).

Judgment for prejudgment and postjudgment interest: Awards interest on recoverable amounts for the applicable periods before and after judgment (S. 127–130, CJA).

1. Existence and Classification of Property Defects

Declaration that a property defect exists: Determines that an identified physical, structural, mechanical, environmental, safety-related, or other deficiency affects the property (S. 97, CJA; common law; terms).

Declaration that an alleged property defect does not exist: Determines that the condition complained of is not established or does not constitute a legally relevant defect in the property (S. 97, CJA; common law; terms).

Declaration that a defect is patent: Determines that the defect was discoverable through an ordinary inspection by a reasonably observant purchaser (S. 97, CJA; common law).

Declaration that a defect is latent: Determines that the defect was hidden and not discoverable through an ordinary inspection by a reasonably observant purchaser (S. 97, CJA; common law).

Declaration that a defect is material: Determines that the defect is sufficiently significant to affect the property’s value, use, safety, habitability, or the purchaser’s decision to enter into or complete the transaction (S. 97, CJA; common law; equity).

Declaration that a defect is not material: Determines that the condition is insufficiently significant to affect the purchaser’s contractual or legal rights (S. 97, CJA; common law; equity).

Declaration that a defect renders the property dangerous or unfit for habitation: Determines that the condition creates a serious health or safety risk or substantially prevents the property from being used for its intended residential purpose (S. 97, CJA; common law).

Declaration that a defect substantially impairs the intended use of the property: Determines that the condition materially interferes with the residential, commercial, rental, investment, or other purpose contemplated by the transaction (S. 97, CJA; common law; equity; terms).

Declaration that the property was not in substantially the same condition on closing: Determines that the property materially deteriorated, was altered, or sustained damage between the agreement and completion contrary to the vendor’s obligations (S. 97, CJA; common law; terms).

Declaration that the property remained in substantially the same condition on closing: Determines that no material deterioration, alteration, removal, or damage occurred before completion (S. 97, CJA; common law; terms).

Declaration that damage before closing was substantial: Determines that damage occurring before completion was sufficiently serious to engage the purchaser’s contractual rights to terminate, complete with compensation, or receive insurance proceeds (S. 97, CJA; common law; equity; terms).

Declaration that damage before closing was not substantial: Determines that the pre-closing damage did not permit termination and could be addressed through repair, adjustment, compensation, or another contractual mechanism (S. 97, CJA; common law; equity; terms).

2. Representations Concerning the Property

Declaration that a representation concerning the property was made: Determines that the vendor, agent, inspector, professional, or another person communicated an express or implied representation about the property or transaction (S. 97, CJA; common law; equity).

Declaration that no actionable representation was made: Determines that the alleged statement, conduct, silence, or communication did not constitute a representation capable of supporting relief (S. 97, CJA; common law; equity).

Declaration that a representation was true: Determines that the statement accurately described the property, its condition, permitted use, history, income, expenses, dimensions, improvements, or another material matter (S. 97, CJA; common law).

Declaration that a representation was false: Determines that the statement inaccurately described a material fact concerning the property or transaction (S. 97, CJA; common law; equity).

Declaration that a representation was one of fact: Determines that the statement communicated an existing or past fact rather than opinion, prediction, estimate, or sales promotion (S. 97, CJA; common law).

Declaration that a statement was an opinion rather than an actionable representation of fact: Determines that the statement, in context, expressed an opinion, estimate, prediction, or sales representation that did not amount to an actionable factual assertion (S. 97, CJA; common law).

Declaration that a representation was material: Determines that the statement was sufficiently important to influence a reasonable purchaser or the particular claimant in entering into or completing the transaction (S. 97, CJA; common law; equity).

Declaration that a representation induced the transaction: Determines that the claimant relied upon the representation and that it materially contributed to the decision to enter into or complete the agreement (S. 97, CJA; common law; equity).

Declaration that a representation did not induce the transaction: Determines that the claimant did not rely upon the statement or would have entered into the transaction notwithstanding it (S. 97, CJA; common law; equity).

Declaration of fraudulent misrepresentation: Determines that a false representation was made knowingly, without belief in its truth, or recklessly as to whether it was true or false, with the intention that it be relied upon (S. 97, CJA; common law; equity).

Declaration that fraudulent misrepresentation has not been established: Determines that the required dishonesty, recklessness, intention, reliance, or resulting loss has not been proven (S. 97, CJA; common law; equity).

Declaration of negligent misrepresentation: Determines that a person owing the claimant a duty of care made an inaccurate representation without exercising reasonable care and thereby caused foreseeable reliance and loss (S. 97, CJA; common law; NA).

Declaration that negligent misrepresentation has not been established: Determines that the claimant failed to establish a duty of care, an untrue or misleading representation, negligence, reasonable reliance, or resulting loss (S. 97, CJA; common law; NA).

Declaration of innocent misrepresentation: Determines that a material false statement induced the transaction even though the person making it was neither fraudulent nor negligent (S. 97, CJA; common law; equity).

3. Non-disclosure and Concealment

Declaration that a duty to disclose existed: Determines that the vendor or another person was legally or contractually required to disclose the identified defect, condition, risk, history, or material fact (S. 97, CJA; common law; equity; terms).

Declaration that no duty to disclose existed: Determines that the governing law and agreement did not require disclosure of the identified condition or information (S. 97, CJA; common law; equity; terms).

Declaration that a duty to disclose was breached: Determines that a person failed to disclose material information despite being legally or contractually required to do so (S. 97, CJA; common law; equity; terms).

Declaration that the vendor knew of a latent defect: Determines that the vendor had actual knowledge of the hidden condition before the agreement or completion of the transaction (S. 97, CJA; common law; equity).

Declaration that the vendor did not know of a latent defect: Determines that the vendor lacked actual knowledge of the hidden condition and was not otherwise responsible for the non-disclosure (S. 97, CJA; common law; equity).

Declaration that a known latent defect should have been disclosed: Determines that the defect’s nature, seriousness, danger, or effect on habitability or use required the vendor to disclose it to the purchaser (S. 97, CJA; common law; equity).

Declaration that a person actively concealed a defect: Determines that the person took deliberate steps to hide, disguise, temporarily repair, cover, or prevent discovery of a property defect (S. 97, CJA; common law; equity).

Declaration that a person did not actively conceal a defect: Determines that the evidence does not establish deliberate conduct intended to hide or prevent discovery of the alleged defect (S. 97, CJA; common law; equity).

Declaration that partial disclosure was misleading: Determines that the information disclosed created an inaccurate or incomplete impression because material qualifying facts were withheld (S. 97, CJA; common law; equity).

Declaration that silence amounted to a misrepresentation: Determines that silence, in the circumstances, conveyed a misleading impression because disclosure was required to correct a previous statement, half-truth, active concealment, or another material misunderstanding (S. 97, CJA; common law; equity).

Declaration that the doctrine of caveat emptor applies: Determines that the purchaser bears the risk of the defect because it was discoverable, was not concealed, was not the subject of a misrepresentation or warranty, and did not otherwise engage an exception to purchaser beware (S. 97, CJA; common law; terms).

Declaration that the doctrine of caveat emptor does not bar the claim: Determines that fraud, misrepresentation, active concealment, warranty, dangerous latent defect, or another recognized exception permits relief despite the purchaser-beware principle (S. 97, CJA; common law; equity; terms).

4. Contractual Warranties and Representations

Declaration that a contractual representation or warranty exists: Determines that the agreement contains an express or implied promise concerning the property’s condition, use, compliance, improvements, systems, income, expenses, or another material matter (S. 97, CJA; common law; terms).

Declaration that no contractual representation or warranty exists: Determines that the alleged statement did not become a contractual term, representation, or warranty binding upon the vendor or another party (S. 97, CJA; common law; terms).

Declaration interpreting a property-related representation or warranty: Determines the meaning, scope, duration, qualifications, and legal effect of the contractual promise (S. 97, CJA; common law; terms).

Declaration that a contractual representation or warranty was true: Determines that the property or transaction complied with the contractual statement when it was made or at the time required by the agreement (S. 97, CJA; common law; terms).

Declaration that a contractual representation or warranty was breached: Determines that the property, condition, use, improvement, system, income, expense, or other matter did not conform to the contractual promise (S. 97, CJA; common law; terms).

Declaration that a representation or warranty survived closing: Determines that the contractual promise continued to bind the party after completion and was not extinguished by delivery and acceptance of the transfer (S. 97, CJA; common law; equity; terms).

Declaration that a representation or warranty merged on closing: Determines that the contractual promise was fulfilled, superseded, or extinguished when the transaction was completed and title was conveyed (S. 97, CJA; common law; equity; terms).

Declaration that a collateral warranty is enforceable: Determines that a promise concerning the property exists and may be enforced independently of the principal purchase and sale agreement (S. 97, CJA; common law; equity; terms).

Declaration that an entire-agreement or non-reliance clause is enforceable: Determines that the contractual provision restricts reliance upon statements or assurances outside the written agreement (S. 97, CJA; common law; equity; terms).

Declaration that an entire-agreement or non-reliance clause does not bar the claim: Determines that the provision does not exclude liability because of its wording, fraud, unconscionability, public policy, or another applicable limitation (S. 97, CJA; common law; equity; terms).

Order requiring performance of a contractual repair obligation: Requires the responsible party to complete repairs, replacements, remediation, or other corrective work expressly required by the agreement (S. 100–101, CJA; common law; equity; terms).

5. Responsibility for Property Defects

Declaration that the vendor is responsible for a property defect: Determines that the vendor is legally or contractually liable because of misrepresentation, non-disclosure, concealment, warranty, breach of contract, negligence, or another recognized basis (S. 97, CJA; common law; equity; terms).

Declaration that the vendor is not responsible for a property defect: Determines that the vendor did not misrepresent, conceal, warrant, negligently cause, or otherwise assume legal responsibility for the defect (S. 97, CJA; common law; equity; terms).

Declaration that a real estate broker or salesperson is responsible for a misrepresentation or non-disclosure: Determines that the broker or salesperson breached a contractual, tortious, fiduciary, or other legal duty concerning information provided or withheld about the property (S. 97, CJA; common law; equity).

Declaration that a property inspector is responsible for failing to identify or report a defect: Determines that the inspector breached the applicable contractual or professional standard of care and caused the claimant’s resulting loss (S. 97, CJA; common law; NA; terms).

Declaration that a builder, contractor, engineer, architect, or other professional is responsible for a defect: Determines that defective work, design, inspection, certification, advice, or another breach of duty caused or contributed to the property deficiency (S. 97, CJA; common law; NA; terms).

Declaration that the purchaser assumed the risk of an identified condition: Determines that the purchaser knowingly accepted responsibility for the defect through inspection, waiver, contractual allocation, or another legally effective agreement (S. 97, CJA; common law; equity; terms).

Declaration that the purchaser failed to exercise reasonable care: Determines that the purchaser’s conduct contributed to the failure to discover, avoid, mitigate, or respond to the defect or resulting damage (S. 97, CJA; NA; common law).

Declaration apportioning responsibility among multiple persons: Determines the respective degrees of fault of vendors, purchasers, brokers, inspectors, contractors, professionals, or other persons responsible for the loss (NA; S. 97, CJA; common law).

Order for contribution between persons responsible for the defect: Requires one responsible person to contribute to the damages or remediation costs payable by another according to their respective responsibility (NA; CJA; common law; equity).

6. Rescission and Abatement

Order rescinding an agreement because of a property-related misrepresentation: Sets the agreement aside where a material misrepresentation concerning the property induced the purchaser to enter into the transaction (S. 97, CJA; common law; equity).

Order rescinding a completed conveyance because of a property-related misrepresentation: Reverses the completed transaction and restores title where rescission remains available after closing (S. 97, 100, CJA; LTA; RA; common law; equity).

Order rescinding an agreement because of fraudulent concealment: Sets the agreement aside where deliberate concealment or non-disclosure of a material defect induced the purchaser to contract (S. 97, CJA; common law; equity).

Declaration that rescission is unavailable: Determines that rescission is barred by affirmation, delay, impossibility of substantial restoration, intervention of third-party rights, contractual restriction, or another legal limitation (S. 97, CJA; common law; equity).

Order requiring mutual restoration following rescission: Requires the parties to return title, possession, purchase funds, deposits, income, benefits, and other property received through the rescinded transaction (CJA; common law; equity).

Order imposing terms upon rescission: Conditions rescission upon compensation, accounting, repayment, indemnification, restoration, or another requirement necessary to achieve practical justice (CJA; common law; equity).

Order granting an abatement of the purchase price: Reduces the amount payable on completion to reflect a defect, deficiency, misdescription, breach of warranty, or other property-related shortfall (S. 3, VPA; common law; equity; terms).

Order returning part of the purchase price: Requires repayment of the amount by which the price exceeded the property’s value or the value of the performance actually received (CJA; common law; equity; terms).

7. Repair, Remediation, and Protective Relief

Order requiring repair of a property defect: Requires the responsible person to complete specified work necessary to correct the identified deficiency (S. 101, CJA; common law; equity; terms).

Order requiring remediation of contamination or hazardous conditions: Requires specified investigation, removal, containment, treatment, restoration, or other remedial work where a private-law basis for mandatory relief is established (S. 101, CJA; EPA; common law; equity; terms).

Order requiring restoration of damaged property: Requires the responsible person to return the property, so far as reasonably possible, to the condition it would have been in absent the wrongful conduct or breach (S. 101, CJA; common law; equity; terms).

Order requiring replacement of defective systems or components: Requires replacement of an identified building system, fixture, installation, material, or component that cannot reasonably be repaired (S. 101, CJA; common law; equity; terms).

Order enforcing a contractual obligation to repair or remediate: Compels performance of an express obligation to correct, replace, complete, or remediate work affecting the property (S. 100–101, CJA; common law; equity; terms).

Order restraining concealment, alteration, or destruction of evidence of a defect: Prevents a person from changing, covering, removing, repairing, or destroying the condition before it can be inspected, tested, documented, or adjudicated (S. 101, CJA; R. 32, 40, 45; common law; equity).

Order preserving the property pending determination of a defect claim: Requires measures necessary to prevent further deterioration, water entry, structural movement, contamination, damage, or loss while the proceeding remains unresolved (S. 101, CJA; R. 40, 45; common law; equity).

Order granting access for inspection, testing, or remediation: Permits a party, expert, contractor, or other authorized person to enter the property for specified inspection, sampling, testing, repair, or remedial work (CJA; R. 32, 45; common law; equity).

8. Damages and Indemnification

Judgment for damages for fraudulent misrepresentation concerning the property: Compensates the purchaser for loss caused by reliance upon a knowingly or recklessly false representation about the property or transaction (CJA; common law).

Judgment for damages for negligent misrepresentation concerning the property: Compensates the purchaser for loss caused by reasonable reliance upon an inaccurate representation made without reasonable care (CJA; NA; common law).

Judgment for damages for breach of a property-related warranty: Compensates for loss resulting from the property’s failure to conform to an express or implied contractual warranty (CJA; common law; terms).

Judgment for damages for non-disclosure or concealment of a defect: Compensates for loss caused by the failure to disclose, or deliberate concealment of, a material property defect (CJA; common law; equity).

Judgment for the reasonable cost of repair: Awards the reasonable expense required to correct the defect and restore the property to the condition promised or legally required (CJA; common law; terms).

Judgment for the reasonable cost of replacement: Awards the expense of replacing a defective component, system, installation, or improvement where repair is not reasonable or sufficient (CJA; common law; terms).

Judgment for remediation and restoration costs: Awards the reasonable cost of investigating, containing, removing, treating, and restoring contamination, hazardous materials, or other harmful conditions affecting the property (CJA; EPA; common law; equity).

Judgment for diminution in property value: Compensates for the reduction in the property’s market value caused by the defect, damage, contamination, stigma, or incomplete remediation (CJA; common law).

Judgment for loss of use and enjoyment: Compensates for the inability or reduced ability to occupy, use, rent, operate, or enjoy the property because of the defect (CJA; common law).

Judgment for temporary accommodation or relocation expenses: Compensates for reasonable costs incurred where the defect made continued occupation unsafe, impractical, or impossible (CJA; common law).

Judgment for lost rental income or business income: Compensates for reasonably proven income lost because the defect prevented or impaired the property’s rental or commercial use (CJA; common law).

Judgment for consequential damages arising from a property defect: Compensates for reasonably foreseeable financial losses caused by the defect beyond repair costs or diminution in value (CJA; common law; terms).

Judgment for aggravated damages arising from fraudulent or high-handed conduct: Compensates for additional injury caused by particularly distressing, humiliating, or high-handed conduct where such damages are legally recoverable (CJA; common law).

Judgment for punitive damages arising from fraudulent concealment or misrepresentation: Punishes and denounces malicious, oppressive, or high-handed misconduct where compensatory relief alone is insufficient (CJA; common law).

Order requiring contractual indemnification: Enforces an indemnity requiring one party to reimburse another for defect-related claims, liabilities, repair costs, remediation expenses, or losses (CJA; common law; equity; terms).

Order for contribution among persons responsible for the loss: Allocates recoverable damages among multiple responsible persons according to their respective legal responsibility (NA; CJA; common law).

Order for restitution of money paid because of a misrepresentation or failed basis: Requires repayment of money retained without a continuing legal basis after rescission, avoidance, or failure of the transaction’s foundation (CJA; common law; equity).

1. Nature and Extent of Co-ownership

Declaration that real property is held in joint tenancy: Determines that the co-owners hold a unified legal interest with the right of survivorship (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that real property is held as tenants in common: Determines that each co-owner holds a distinct, undivided, and independently transferable interest without a right of survivorship (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that a person is not a co-owner of real property: Determines that the person holds no legal or beneficial co-ownership interest in the property (S. 97, CJA; common law; equity; terms).

Declaration concerning the legal ownership shares of co-owners: Determines the proportionate legal interest held by each co-owner (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration concerning the beneficial ownership shares of co-owners: Determines the proportionate beneficial interest held by each co-owner notwithstanding the form of registered title (S. 97, CJA; common law; equity; terms).

Declaration that co-owners hold equal interests: Determines that the co-owners are each entitled to an equal legal or beneficial share of the property (S. 97, CJA; common law; equity; terms).

Declaration that co-owners hold unequal interests: Determines the unequal shares held by the co-owners based on title, agreement, contribution, trust, or another legally recognized basis (S. 97, CJA; common law; equity; terms).

Declaration interpreting a co-ownership agreement: Determines the meaning and effect of an agreement governing the co-owners’ interests, possession, expenses, management, transfer, sale, or other rights and obligations (S. 97, CJA; common law; equity; terms).

Declaration enforcing a co-ownership agreement: Confirms and gives effect to the co-owners’ agreed rights and obligations concerning the property (S. 97, CJA; common law; equity; terms).

Declaration that a co-ownership agreement is invalid or unenforceable: Determines that the agreement or an identified provision cannot be enforced because of formation, capacity, uncertainty, illegality, unconscionability, or another legal defect (S. 97, CJA; common law; equity; terms).

2. Severance of Joint Tenancy

Declaration that a joint tenancy has been severed: Determines that the joint tenancy was converted into a tenancy in common and that the right of survivorship ended (S. 97, CJA; common law; equity; terms).

Declaration that a joint tenancy has not been severed: Determines that no act, agreement, or course of dealing legally sufficient to sever the joint tenancy occurred and that the right of survivorship continues (S. 97, CJA; common law; equity; terms).

Declaration concerning the date of severance: Determines when the joint tenancy ended and the tenancy in common began (S. 97, CJA; common law; equity; terms).

Declaration that a unilateral dealing severed the joint tenancy: Determines that a joint tenant’s transfer, agreement, mortgage, or other act operating upon that person’s interest effected severance (S. 97, CJA; common law; equity).

Declaration that an agreement severed the joint tenancy: Determines that the co-owners mutually agreed to treat their interests as a tenancy in common (S. 97, CJA; common law; equity; terms).

Declaration that a course of dealing severed the joint tenancy: Determines that the co-owners’ conduct demonstrated a mutual intention to treat their interests as separate shares (S. 97, CJA; common law; equity).

Declaration that an attempted severance was ineffective: Determines that the act, notice, agreement, or conduct relied upon did not legally terminate the joint tenancy (S. 97, CJA; common law; equity; terms).

Declaration concerning the co-owners’ shares following severance: Determines the proportionate tenancy-in-common interests resulting from the severance (S. 97, CJA; common law; equity; terms).

Order rectifying the register to reflect severance of a joint tenancy: Directs that the parcel register be amended to record the co-owners as tenants in common following a valid severance (S. 159–160, LTA; S. 97, CJA; common law; equity).

3. Possession, Occupation, and Use

Declaration that each co-owner is entitled to possess and occupy the whole property: Confirms the general right of each co-owner to possess and use the property consistently with the equal possessory rights of the other co-owners (S. 97, CJA; common law; equity; terms).

Declaration that a co-owner has no right to exclude another co-owner: Determines that one co-owner cannot deny another co-owner reasonable possession, access, or use without agreement or lawful authority (S. 97, CJA; common law; equity; terms).

Declaration that a co-owner has a right to exclusive occupation: Determines that an agreement, court order, or other legally recognized basis entitles one co-owner to occupy the property to the exclusion of another (S. 97, CJA; common law; equity; terms).

Order requiring a co-owner to provide access to the property: Requires delivery of keys, access codes, security information, or physical access necessary to permit another co-owner to exercise possessory rights (S. 101, CJA; common law; equity; terms).

Order restraining a co-owner from excluding another co-owner: Prevents locks, barriers, threats, interference, or other conduct that wrongfully denies a co-owner access to or use of the property (S. 101, CJA; common law; equity; terms).

Order restraining unreasonable interference with a co-owner’s use: Prevents conduct that materially obstructs another co-owner’s lawful possession, occupation, access, management, or enjoyment of the property (S. 101, CJA; common law; equity; terms).

Order regulating the co-owners’ interim use of the property: Establishes temporary arrangements governing occupation, access, scheduling, storage, parking, maintenance, or other use pending final resolution (S. 101, CJA; R. 40; common law; equity).

Order requiring a co-owner to deliver vacant possession for sale: Requires the occupying co-owner or a person claiming through that co-owner to vacate the property so that a court-ordered sale can be completed (S. 3–6, PA; S. 100–101, CJA; R. 66; common law; equity).

4. Contribution, Reimbursement, and Equitable Adjustments

Declaration that a co-owner is required to contribute to mortgage payments: Determines the proportion of principal, interest, or other mortgage obligations properly payable by each co-owner (S. 97, 122(2), CJA; common law; equity; terms).

Declaration that a co-owner is required to contribute to property taxes: Determines the proportion of municipal taxes and related charges properly payable by each co-owner (S. 97, 122(2), CJA; common law; equity; terms).

Declaration that a co-owner is required to contribute to insurance expenses: Determines the proportion of reasonable property-insurance costs properly payable by each co-owner (S. 97, 122(2), CJA; common law; equity; terms).

Declaration that a co-owner is required to contribute to necessary repairs and maintenance: Determines the proportion of reasonable expenses incurred to preserve, protect, or maintain the property properly payable by each co-owner (S. 97, 122(2), CJA; common law; equity; terms).

Declaration that a co-owner is required to contribute to condominium common expenses: Determines the proportion of common expenses, special assessments, or related condominium charges properly payable by each co-owner (S. 97, 122(2), CJA; Condo Act; common law; equity; terms).

Declaration that an expenditure was necessary and reasonable: Determines that the expense was reasonably required to preserve, protect, maintain, or carry the property and should be included in the co-ownership accounting (S. 97, 122(2), CJA; common law; equity).

Declaration that an expenditure was unnecessary or unreasonable: Determines that the expense was voluntary, excessive, personal, unauthorized, or otherwise not properly chargeable to the other co-owner (S. 97, 122(2), CJA; common law; equity).

Order requiring contribution toward property expenses: Requires a co-owner to pay the share judicially determined to be owing for mortgage obligations, taxes, insurance, maintenance, repairs, common expenses, or other property costs (S. 122(2), CJA; common law; equity; terms).

Order reimbursing a co-owner for payments exceeding that co-owner’s proper share: Requires repayment to a co-owner who paid more than the proportion properly attributable to that person (S. 122(2), CJA; common law; equity; terms).

Declaration concerning entitlement to credit for mortgage principal reduction: Determines whether and to what extent a co-owner receives credit for payments that increased the parties’ equity by reducing mortgage principal (S. 97, 122(2), CJA; common law; equity; terms).

Declaration concerning entitlement to credit for improvements: Determines whether improvements increased the property’s value and whether the contributing co-owner is entitled to reimbursement or an equitable adjustment (S. 97, 122(2), CJA; common law; equity; terms).

Order granting an equitable lien for co-ownership expenditures: Secures repayment of a co-owner’s established contribution or reimbursement claim against the property or sale proceeds (S. 97, 100, CJA; common law; equity).

Order setting off competing co-ownership claims: Applies amounts owing between the co-owners against one another to determine the net amount payable or distributable (S. 122(2), CJA; common law; equity).

5. Occupation Rent and Property Income

Declaration that an occupying co-owner is liable for occupation rent: Determines that fairness requires compensation for that co-owner’s exclusive occupation or exclusion of another person entitled to possess the property (S. 97, 122(2), CJA; common law; equity).

Declaration that occupation rent is not payable: Determines that the circumstances do not justify charging the occupying co-owner for use of the property (S. 97, 122(2), CJA; common law; equity).

Order requiring payment of occupation rent: Requires the occupying co-owner to compensate another co-owner for the relevant period of exclusive occupation (S. 122(2), CJA; common law; equity).

Order assessing the amount and period of occupation rent: Determines the fair rental value, relevant ownership share, applicable period, and equitable adjustments governing the award (S. 122(2), CJA; common law; equity).

Order setting off occupation rent against property expenses: Applies occupation rent against mortgage payments, taxes, insurance, repairs, maintenance, support-related payments, or other established credits (S. 122(2), CJA; common law; equity).

Declaration that a co-owner must account for rent received from third parties: Determines that a co-owner who collected rental income must account to the other co-owners for their proper shares (S. 122(2), CJA; common law; equity; terms).

Order requiring payment of a co-owner’s share of rental income: Requires a co-owner who received rent to pay the amount properly attributable to another co-owner (S. 122(2), CJA; common law; equity; terms).

Declaration that a co-owner must account for profits derived from the property: Determines that income or profits obtained through exclusive commercial or other use of the property must be included in the accounting between co-owners (S. 122(2), CJA; common law; equity; terms).

Order for an accounting of property income and expenses: Requires an accounting of rents, profits, mortgage payments, taxes, insurance, maintenance, repairs, improvements, and other receipts and expenditures associated with the property (S. 122(2), CJA; R.; common law; equity).

Order requiring production of co-ownership financial records: Requires delivery of leases, rent records, mortgage statements, tax bills, insurance records, invoices, receipts, banking records, and other documents needed to complete the accounting (S. 122(2), CJA; R.; common law; equity).

6. Partition of the Property

Declaration that a co-owner is entitled to partition or sale: Determines that the applicant has a legal or equitable interest sufficient to seek relief under the Partition Act and has established the prima facie entitlement to termination of the co-ownership (S. 2–3, PA; S. 97, CJA; common law; equity).

Order partitioning the property: Physically divides the land into separate parcels corresponding to the co-owners’ respective interests where division is lawful, practical, and appropriate (S. 2–6, PA; R. 66; common law; equity).

Order defining the portions allocated upon partition: Determines the boundaries, dimensions, access rights, easements, and other features of the parcels allocated to each co-owner (S. 2–6, PA; R. 66; common law; equity).

Order requiring a survey or reference plan for partition: Requires preparation of the survey, legal descriptions, or reference plan necessary to divide and separately convey the resulting parcels (S. 2–6, PA; R. 66; common law; equity).

Order requiring conveyances to implement partition: Requires the co-owners to execute the transfers, releases, easements, or other instruments necessary to give each person separate title to the allocated parcel (S. 5–6, PA; S. 100, CJA; R. 66; common law; equity).

Vesting order implementing partition: Vests the resulting parcel or interest in the co-owner entitled to receive it where a separate conveyance is unavailable or unnecessary (S. 5–6, PA; S. 100, CJA; S. 25, LTA; R. 66).

Order requiring an equalization payment upon partition: Requires payment to address a difference between the value of the parcel allocated to a co-owner and that person’s proportionate interest in the undivided property (PA; CJA; R. 66; common law; equity).

Order refusing physical partition: Determines that division of the property is unlawful, impractical, prejudicial, or otherwise inappropriate (S. 3–5, PA; R. 66; common law; equity).

7. Sale of the Property

Order for sale of the property instead of partition: Requires the property to be sold where physical division is impractical or sale is the more appropriate means of terminating the co-ownership (S. 2–6, PA; R. 66; common law; equity).

Order refusing or postponing partition or sale: Denies or temporarily delays the requested disposition where the applicant’s conduct is malicious, vexatious, or oppressive, a binding agreement restricts sale, or another legally sufficient reason exists (S. 2–3, PA; common law; equity; terms).

Order requiring the property to be listed for sale: Requires the co-owners to place the property on the open market in accordance with specified listing arrangements (S. 3–6, PA; R. 66; common law; equity).

Order appointing a listing agent or other sale professional: Selects or establishes a process for selecting the real estate broker, salesperson, appraiser, auctioneer, referee, or other person responsible for the sale (S. 3–6, PA; R. 66; common law; equity).

Order establishing the listing price and sale strategy: Determines the initial listing price, permitted price reductions, marketing arrangements, showing procedures, or other terms governing the sale (S. 3–6, PA; R. 66; common law; equity).

Order requiring appraisal or valuation of the property: Requires an independent opinion of value to guide the listing, sale, accounting, or distribution process (S. 3–6, PA; R. 66; common law; equity).

Order requiring co-operation with the sale: Requires co-owners to sign listing documents, permit photographs and showings, maintain the property, respond to offers, and take other reasonable steps necessary to complete the sale (S. 3–6, PA; S. 100–101, CJA; R. 66; common law; equity).

Order restraining interference with the sale: Prevents a co-owner or another person from obstructing access, discouraging purchasers, damaging the property, removing fixtures, or otherwise frustrating the court-ordered sale (S. 3–6, PA; S. 101, CJA; R. 40, 66; common law; equity).

Order authorizing acceptance of an offer to purchase: Approves or establishes the method for approving an offer that satisfies the terms governing the court-ordered sale (S. 3–6, PA; R. 66; common law; equity).

Order authorizing one person to accept an offer on behalf of the co-owners: Permits a designated person to bind the ownership interests where another co-owner refuses or fails to co-operate with a reasonable sale (S. 3–6, PA; S. 100, CJA; R. 66; common law; equity).

Order appointing a person to execute sale documents: Authorizes a designated person to execute the agreement of purchase and sale, transfer, direction, closing documents, or other instruments required to complete the sale (S. 5–6, PA; S. 100, CJA; R. 66).

Vesting order transferring title to the purchaser: Vests title in the purchaser where necessary to complete the court-ordered sale without execution of a transfer by every co-owner (S. 5–6, PA; S. 100, CJA; S. 25, LTA; R. 66).

Order requiring delivery of vacant possession for closing: Requires occupants to vacate and remove possessions so the property can be conveyed in accordance with the accepted agreement of purchase and sale (S. 3–6, PA; S. 100–101, CJA; R. 66; common law; equity).

Order directing payment of sale expenses from the proceeds: Requires commissions, legal fees, mortgage payouts, taxes, adjustments, repair expenses, and other proper sale costs to be paid before distribution of the net proceeds (S. 3–6, PA; R. 66; common law; equity).

8. Distribution of Sale Proceeds

Declaration concerning each co-owner’s presumptive share of sale proceeds: Determines the proportion of the net proceeds attributable to each co-owner before accounting adjustments (S. 97, 122(2), CJA; PA; common law; equity; terms).

Order directing payment of net sale proceeds according to ownership shares: Distributes the balance remaining after payment of encumbrances and sale expenses according to the co-owners’ established interests (S. 3–6, PA; S. 122(2), CJA; R. 66; common law; equity).

Order adjusting the distribution for contribution and reimbursement claims: Increases or reduces a co-owner’s distribution to account for mortgage payments, taxes, insurance, repairs, maintenance, improvements, or other established expenditures (S. 122(2), CJA; PA; common law; equity).

Order adjusting the distribution for occupation rent: Deducts or credits occupation rent in determining the net amount payable to each co-owner (S. 122(2), CJA; PA; common law; equity).

Order adjusting the distribution for rents or profits received: Accounts for rental income, business income, or other property-derived benefits received disproportionately by a co-owner (S. 122(2), CJA; PA; common law; equity).

Order applying set-off between co-owners: Deducts amounts owing by one co-owner from the amount otherwise distributable to that person (S. 122(2), CJA; PA; common law; equity).

Order directing payment of encumbrances from sale proceeds: Requires valid mortgages, liens, taxes, executions, or other charges to be paid in their proper priority before distribution to the co-owners (PA; LTA; RA; CJA; R. 66; common law; equity).

Order paying sale proceeds into court or trust: Requires the net proceeds to be held pending determination of ownership shares, accounts, liens, claims, or another unresolved issue (CJA; R. 66; common law; equity).

Order authorizing an interim distribution of undisputed proceeds: Permits payment of the portion not reasonably required to secure unresolved claims, expenses, or adjustments (CJA; R.; common law; equity).

Order holding back part of the proceeds: Retains a specified amount to secure taxes, expenses, repairs, claims, adjustments, or other liabilities that cannot be finally determined at closing (CJA; R.; common law; equity).

Order for a reference or accounting before final distribution: Directs a formal inquiry into ownership shares, receipts, expenditures, occupation rent, contribution claims, or other matters necessary to calculate the final distribution (S. 122(2), CJA; R. 54, 55, 66; common law; equity).

1. Entitlement to Possession

Declaration that a person is entitled to possession of real property: Establishes the person’s present legal or equitable right to possess the property (S. 97, CJA; RPLA; common law; equity; terms).

Declaration that a person is entitled to immediate possession of real property: Establishes that the person’s right to possession is presently enforceable and is not subject to a continuing right of occupation held by another person (S. 97, CJA; RPLA; common law; equity; terms).

Declaration that a person is not entitled to possession of real property: Determines that the person has no present legal or equitable right to possess or occupy the property (S. 97, CJA; common law; equity; terms).

Declaration that an occupant has no continuing right to possession: Determines that any former right to occupy or possess the property has expired, terminated, or otherwise ceased to exist (S. 97, CJA; common law; equity; terms).

Declaration that an occupant has a continuing right to possession: Confirms that the occupant retains a contractual, proprietary, equitable, or other legally enforceable right to remain in possession (S. 97, CJA; common law; equity; terms).

Declaration determining the nature or extent of a possessory right: Defines the property, area, duration, conditions, or other limits of a person’s right to possession (S. 97, CJA; common law; equity; terms).

Declaration determining priority between competing possessory rights: Determines which party has the superior present right to possess the property (S. 97, CJA; RPLA; common law; equity; terms).

Declaration that a right to recover possession is not statute-barred: Determines that the claimant’s right to recover the land remains enforceable within the applicable limitation period (S. 4–5, 15, RPLA; S. 97, CJA).

Declaration that a right to recover possession is statute-barred: Determines that the applicable limitation period has expired and that the claimant’s right to recover the land has been extinguished or is no longer enforceable (S. 4–5, 15, RPLA; S. 97, CJA).

2. Licences and Permissive Occupation

Declaration that an occupant holds a licence to occupy the property: Determines that the occupant’s possession is permissive and arises from a licence rather than ownership, tenancy, or another proprietary interest (S. 97, CJA; common law; equity; terms).

Declaration determining the terms of a licence to occupy: Defines the duration, scope, conditions, and permitted uses governing the occupant’s possession (S. 97, CJA; common law; equity; terms).

Declaration that a licence to occupy remains in effect: Confirms that the permission supporting the occupant’s possession has not expired, terminated, or been validly revoked (S. 97, CJA; common law; equity; terms).

Declaration that a licence to occupy has expired or terminated: Determines that the permission supporting the occupant’s possession has come to an end according to its terms or the governing law (S. 97, CJA; common law; equity; terms).

Declaration that a licence to occupy has been validly revoked: Confirms that the person entitled to grant possession lawfully withdrew the occupant’s permission to remain (S. 97, CJA; common law; equity; terms).

Declaration that a purported revocation of a licence is ineffective: Determines that the attempted revocation did not terminate the occupant’s permission because the applicable legal or contractual requirements were not satisfied (S. 97, CJA; common law; equity; terms).

Declaration that a licence to occupy is irrevocable: Determines that equity, contract, proprietary estoppel, or another legal basis prevents the licensor from revoking the occupant’s permission in the circumstances (S. 97, CJA; common law; equity; terms).

Declaration that an occupant became a trespasser after permission terminated: Determines that continued occupation became unlawful when the occupant’s licence or other permission expired, terminated, or was validly revoked (S. 97, CJA; common law; equity; terms).

3. Recovery and Vacant Possession

Order for possession of real property: Requires the person occupying or controlling the property to deliver possession to the person legally entitled to it (RPLA; common law; equity; terms).

Order for recovery of real property: Restores possession of the land to a claimant who establishes a superior right to possess it (RPLA; common law; equity; terms).

Order requiring delivery of vacant possession: Requires the property to be surrendered free of occupants and other impediments inconsistent with the successful party’s right to possess it (common law; equity; terms).

Order requiring an unauthorized occupant to vacate the property: Directs a person without a continuing right of possession to leave and surrender the property (common law; equity; terms).

Order ejecting a trespasser from the property: Removes a person whose occupation of the land is unauthorized and inconsistent with the claimant’s superior possessory right (common law; equity).

Order requiring persons claiming through an occupant to vacate the property: Requires persons whose asserted rights depend on the unsuccessful occupant’s possession to surrender the property (common law; equity; terms).

Order requiring removal of personal property from the premises: Requires an occupant to remove belongings, fixtures not forming part of the land, or other personal property when surrendering possession (common law; equity; terms).

Order authorizing the removal or disposition of abandoned personal property: Permits identified property left at the premises to be removed, stored, sold, or otherwise disposed of on terms fixed by the court (S. 101, CJA; common law; equity; terms).

Order requiring restoration of the property upon surrender: Requires the occupant to restore the premises to the condition required by law or the governing agreement before delivering possession (common law; equity; terms).

Order postponing the date for delivery of possession: Defers the date on which possession must be surrendered where the court has jurisdiction to grant that relief (S. 106, CJA; common law; equity).

Order imposing conditions on postponed delivery of possession: Makes a postponement conditional on payment, preservation of the property, restricted use, or other requirements protecting the successful party (S. 106, CJA; common law; equity).

4. Access, Control, and Interference with Possession

Order requiring delivery of keys and access information: Requires a person surrendering possession to provide keys, access codes, security credentials, or other means necessary to place the successful party in effective control of the property (S. 101, CJA; common law; equity; terms).

Order permitting access to inspect the property: Grants access for inspection, valuation, repair, maintenance, or another specified purpose connected with the parties’ possessory rights (S. 101, CJA; R. 32; common law; equity; terms).

Order restraining interference with possession: Prohibits conduct that obstructs or substantially interferes with the successful party’s lawful possession or control of the property (S. 101, CJA; common law; equity).

Order restraining re-entry after possession is surrendered: Prohibits a former occupant from returning to or retaking possession of the property without lawful authority (S. 101, CJA; common law; equity).

Order restraining alteration or damage to the property: Prevents an occupant from materially altering, damaging, removing, or impairing the property before possession is delivered (S. 101, CJA; R. 40; common law; equity).

Order requiring preservation or maintenance of the property pending surrender: Requires specified measures to maintain, secure, insure, or otherwise protect the property until possession is transferred (S. 101, CJA; R. 40, 45; equity).

Order regulating temporary access to the property: Establishes the times, purposes, conditions, and supervision governing access while possession remains disputed or pending delivery (S. 101, CJA; common law; equity; terms).

5. Mesne Profits and Compensation for Occupation

Declaration that an occupant is liable for mesne profits: Establishes liability for the value of the use and occupation of land during a period of wrongful possession (common law; equity).

Declaration that mesne profits are not payable: Determines that the occupation was authorized or that the legal requirements for liability for mesne profits have not been established (common law; equity; terms).

Judgment for mesne profits: Awards compensation representing the reasonable value of the claimant’s loss of possession during the period of wrongful occupation (common law; equity).

Order assessing the period of wrongful occupation: Determines the period for which mesne profits or other occupation-related compensation is payable (common law; equity).

Judgment for reasonable occupation rent: Awards the reasonable rental value of the property for a period during which a person occupied it without paying the compensation legally required in the circumstances (common law; equity; terms).

Judgment for use and occupation: Awards compensation for the benefit of occupying or using the property where payment is recoverable under an express or implied agreement or the applicable law (common law; equity; terms).

Order for an accounting of rents and profits received during occupation: Requires an occupant to disclose and account for rental income or other profits derived from the property during the relevant period (S. 101, CJA; common law; equity).

Order setting off occupation-related expenses: Credits qualifying taxes, insurance, repairs, maintenance, or other expenses against compensation otherwise payable for occupation (common law; equity; terms).

Judgment for lost rental income: Awards rental income proved to have been lost because the claimant was wrongfully deprived of possession or use of the property (common law).

6. Damages, Restitution, and Consequential Relief

Judgment for damages for wrongful possession: Compensates the person entitled to possession for proven loss caused by another person’s unlawful occupation or withholding of the property (common law).

Judgment for physical damage caused during occupation: Compensates for proven deterioration, destruction, unauthorized alteration, or other physical harm caused to the property during the occupant’s possession (common law; terms).

Judgment for the reasonable cost of restoration: Awards the reasonable cost of restoring the property to the condition required by law or the governing agreement (common law; terms).

Judgment for diminution in value: Compensates for a proven reduction in the property’s value caused by damage or alteration for which the occupant is legally responsible (common law).

Judgment for consequential carrying costs: Awards proven taxes, insurance, financing expenses, maintenance costs, or other reasonably foreseeable losses incurred because possession was wrongfully withheld (common law; terms).

Order for restitution of benefits obtained through wrongful occupation: Requires an occupant to restore benefits obtained at the claimant’s expense where retention of those benefits would be unjust (common law; equity).

Order for an account of profits derived from wrongful occupation: Requires a person to disclose and surrender profits obtained through the unauthorized possession or exploitation of the property where that remedy is legally available (S. 101, CJA; common law; equity).

Judgment for punitive damages: Punishes and denounces malicious, oppressive, or high-handed conduct connected with the wrongful possession or withholding of the property where compensatory relief is insufficient to achieve those objectives (common law).

1. Location and Extent of Boundaries

Declaration determining the location of a boundary: Establishes the legally recognized dividing line between adjoining parcels based on the governing instruments, surveys, monuments, occupation, and applicable legal principles (S. 97, CJA; SA; common law; equity; terms).

Declaration determining the dimensions or extent of a parcel: Establishes the legally recognized width, depth, area, or configuration of the property (S. 97, CJA; SA; common law; equity; terms).

Declaration determining the legal effect of a survey: Determines whether and to what extent a survey accurately identifies the legally recognized boundary of the property (S. 97, CJA; SA; common law).

Declaration determining the controlling boundary evidence: Determines the legal priority or effect of monuments, original survey evidence, measurements, occupation, documentary descriptions, and other potentially conflicting boundary evidence (S. 97, CJA; SA; common law).

Declaration determining the location or legal effect of a boundary monument: Establishes whether a monument identifies the legally recognized boundary and whether it has been displaced, destroyed, or incorrectly positioned (S. 97, CJA; SA; common law).

Declaration that an asserted boundary is incorrect: Rejects a claimed boundary that is inconsistent with the governing title documents, survey evidence, monuments, possession, or applicable law (S. 97, CJA; SA; common law; equity).

Declaration determining ownership of a disputed boundary strip: Determines which adjoining owner holds legal or beneficial ownership of land situated between competing asserted boundaries (S. 97, CJA; LTA; RA; common law; equity).

2. Boundary Agreements and Representations

Declaration that a boundary agreement is valid and binding: Confirms that adjoining owners established or recognized a boundary through an enforceable agreement (S. 97, CJA; common law; equity; terms).

Declaration that a purported boundary agreement is invalid or unenforceable: Determines that an alleged agreement does not bind the parties because the requirements for its validity or enforcement have not been satisfied (S. 97, CJA; common law; equity).

Declaration determining the boundary established by agreement: Identifies the location and extent of the boundary fixed or recognized by an enforceable agreement between adjoining owners (S. 97, CJA; common law; equity; terms).

Declaration that a party is estopped from denying a represented or accepted boundary: Prevents a party from asserting an inconsistent boundary where another person reasonably relied to their detriment on the party’s representation, assurance, or acquiescence (S. 97, CJA; common law; equity).

Order specifically enforcing a boundary agreement: Requires the parties to perform an enforceable agreement fixing, adjusting, or recognizing the boundary between their properties (S. 96, 99–100, CJA; common law; equity; terms).

Order requiring execution of a boundary acknowledgment or conveyance: Requires a party to execute the documents necessary to implement an enforceable boundary agreement or established equitable entitlement (S. 100, CJA; common law; equity; terms).

Vesting order concerning a disputed boundary strip: Vests ownership of the disputed land where the court has authority to order its conveyance or disposition and a vesting order is necessary to implement the substantive determination (S. 100, CJA; common law; equity).

3. Existence and Extent of Encroachments

Declaration that an encroachment exists: Determines that a building, structure, improvement, fixture, vegetation, or other object extends beyond the lawful boundary and onto adjoining land (S. 97, CJA; common law; equity).

Declaration that no encroachment exists: Determines that the challenged structure, improvement, or use does not extend unlawfully onto the adjoining property (S. 97, CJA; common law; equity).

Declaration determining the location and extent of an encroachment: Identifies the portion, dimensions, height, depth, or other physical extent of the intrusion onto or across the boundary (S. 97, CJA; common law; equity).

Declaration that an encroachment is unauthorized: Determines that the encroachment is not supported by ownership, an easement, a licence, consent, an agreement, or another legally enforceable right (S. 97, CJA; common law; equity; terms).

Declaration that an encroachment is authorized: Confirms that the structure or use is permitted by an easement, licence, agreement, consent, proprietary right, or other legally enforceable entitlement (S. 97, CJA; common law; equity; terms).

Declaration determining ownership of an encroaching structure or improvement: Determines the parties’ proprietary rights in a structure or improvement situated wholly or partly across a boundary (S. 97, CJA; common law; equity).

4. Removal and Prevention of Encroachments

Mandatory order requiring removal of an encroachment: Requires the responsible party to remove or relocate a structure, improvement, fixture, vegetation, or other object extending unlawfully onto adjoining land (S. 96, 101, CJA; R. 40; common law; equity).

Mandatory order requiring partial removal or modification of an encroachment: Requires only the portion necessary to eliminate or reduce the unlawful intrusion to be removed, altered, or relocated (S. 96, 101, CJA; R. 40; common law; equity).

Order requiring restoration of land affected by an encroachment: Requires the responsible party to repair or restore land disturbed by the construction, maintenance, or removal of the encroachment (S. 96, 101, CJA; common law; equity).

Permanent injunction restraining an encroachment: Prohibits the construction, maintenance, expansion, replacement, or continuation of an unauthorized encroachment (S. 96, 101, CJA; common law; equity).

Injunction restraining further construction or alteration: Prevents additional work that would create, enlarge, or materially change an alleged or established encroachment (S. 101, CJA; R. 40; common law; equity).

Order requiring access for the removal of an encroachment: Permits access to identified land on specified terms where access is reasonably necessary to remove, modify, or remediate an encroachment pursuant to the court’s substantive determination (S. 96, 101, CJA; common law; equity).

Order prescribing the manner and timing of removal: Establishes deadlines, access conditions, safety requirements, restoration obligations, and other terms governing the removal or modification of an encroachment (S. 96, 101, CJA; common law; equity).

5. Damages and Alternative Relief for Encroachments

Judgment for damages caused by an encroachment: Compensates the affected owner for proven loss arising from an unauthorized physical intrusion onto the property (common law).

Judgment for loss of use caused by an encroachment: Compensates for the proven loss or restriction of the owner’s ability to possess, use, develop, or enjoy the affected land (common law).

Judgment for diminution in property value: Compensates for a proven reduction in the property’s market value caused by the encroachment (common law).

Judgment for the reasonable cost of removing an encroachment: Awards the reasonable expense required to eliminate the unauthorized intrusion and restore the affected property (common law).

Judgment for restoration or remediation costs: Awards the reasonable cost of repairing land or improvements damaged by the encroachment or its removal (common law).

Judgment for damages in addition to an injunction: Compensates for losses already sustained while also restraining the continuation or recurrence of the encroachment (S. 99, CJA; common law; equity).

Judgment for damages in substitution for an injunction: Awards monetary compensation instead of requiring removal or prohibiting continuation of the encroachment where damages constitute the appropriate substitute for injunctive relief (S. 99, CJA; common law; equity).

Order for restitution or an account of profits: Requires the responsible party to restore a benefit or account for profits obtained through the unauthorized use of adjoining land where the requirements for that remedy are established (S. 96, 122, CJA; common law; equity).

Judgment for punitive damages: Punishes and denounces malicious, oppressive, or high-handed conduct connected with the creation, concealment, or continuation of an encroachment where compensatory relief is insufficient (common law).

6. Acquisition of Title by Adverse Possession

Declaration that title has been acquired by adverse possession: Recognizes that the claimant acquired title by possessing the land for the required period in a manner satisfying the applicable legal requirements (RPLA; LTA; RA; common law).

Declaration that the registered or paper owner’s title has been extinguished: Determines that the former owner’s title was extinguished by operation of the applicable limitation legislation following completion of the required period of adverse possession (S. 4–5, 15–16, RPLA; common law).

Declaration that adverse possession has not been established: Determines that the claimant failed to prove the required nature, continuity, exclusivity, intention, or duration of possession (RPLA; LTA; RA; common law).

Declaration determining the land acquired by adverse possession: Identifies the precise area over which the claimant established the required possession and acquired title (RPLA; LTA; RA; common law).

Declaration determining the commencement or interruption of adverse possession: Establishes when qualifying possession began and whether it was acknowledged, abandoned, interrupted, or otherwise ceased to run (RPLA; common law).

Declaration that occupation was permissive and not adverse: Determines that possession occurred with the owner’s consent or under a licence, agreement, tenancy, or other permission and therefore did not constitute adverse possession (RPLA; common law; equity; terms).

Declaration that possession was insufficiently exclusive or continuous: Determines that the claimant’s acts did not amount to the continuous and exclusive possession required to acquire title (RPLA; common law).

Declaration that adverse possession was completed before conversion to Land Titles: Determines that the claimant’s possessory title accrued before the property was converted to Land Titles and is preserved, subject to the governing statutory provisions (RPLA; LTA; common law).

Declaration that adverse possession cannot operate against the registered title: Determines that the governing Land Titles provisions prevent the asserted possessory claim from defeating registered ownership (LTA; common law).

7. Consequential Title Relief

Order vesting title acquired by adverse possession: Vests the established interest in the successful claimant where the court has authority to order its conveyance or disposition (S. 100, CJA; RPLA; common law; equity).

Order requiring execution of a transfer or conveyance: Requires a party to execute the documents necessary to give effect to the court’s determination of ownership of the disputed land (S. 100, CJA; common law; equity).

Order directing consequential amendment of the parcel register: Requires or authorizes the appropriate registration steps necessary to reflect the court’s determination concerning the boundary or ownership of the disputed land (LTA; RA; S. 100, CJA).

Order approving a legal description or reference plan for the disputed land: Identifies or approves the description or plan necessary to implement the court’s substantive boundary or ownership determination (LTA; RA; SA; common law).

1. Existence and Validity of Easements

Declaration that an easement exists: Confirms that identified land benefits from or is burdened by an enforceable easement (S. 97, CJA; LTA; RA; RPLA; common law; equity; terms).

Declaration that no easement exists: Determines that the asserted right does not satisfy the requirements of an express, implied, prescriptive, equitable, or other legally recognized easement (S. 97, CJA; LTA; RA; RPLA; common law; equity).

Declaration that an easement is valid and enforceable: Confirms that the easement was validly created and may be enforced against the servient land (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that a purported easement is invalid or unenforceable: Determines that the instrument or circumstances relied upon did not create an enforceable easement (S. 97, CJA; LTA; RA; common law; equity).

Declaration identifying the dominant and servient tenements: Determines which parcel receives the benefit of the easement and which parcel bears its burden (S. 97, CJA; common law; equity; terms).

Declaration that an easement runs with the land: Determines that the benefit or burden attaches to the affected land and is enforceable by or against successors in title (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that a claimed right is personal and does not run with the land: Determines that the asserted entitlement is a personal contractual right or licence rather than an easement attached to land (S. 97, CJA; common law; equity; terms).

Declaration determining priority between an easement and another interest in land: Determines whether the easement has priority over a competing ownership, mortgage, leasehold, or other proprietary interest (S. 97, CJA; LTA; RA; common law; equity).

2. Creation and Recognition of Easements

Declaration that an express easement was created: Confirms that an instrument or agreement validly created the claimed easement (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that an easement arose by implied grant: Recognizes an easement implied from the circumstances surrounding the division, conveyance, or use of the affected properties (S. 97, CJA; common law; equity).

Declaration that an easement arose by implied reservation: Recognizes an easement retained for the benefit of land conveyed or retained in circumstances satisfying the stricter requirements applicable to an implied reservation (S. 97, CJA; common law; equity).

Declaration that an easement exists by necessity: Recognizes an easement that is strictly necessary for the use of land following the severance or division of commonly owned property (S. 97, CJA; common law; equity).

Declaration that an easement exists under the rule in Wheeldon v. Burrows: Recognizes a quasi-easement that became an easement upon disposition of part of commonly owned land where the applicable requirements are satisfied (S. 97, CJA; common law; equity).

Declaration that an easement arose by proprietary estoppel: Recognizes an equitable right arising from an assurance, reasonable reliance, and resulting detriment where enforcement is necessary to avoid an inequitable result (S. 96–97, CJA; equity).

Order granting the minimum equitable easement necessary to satisfy a proprietary estoppel: Defines and grants relief proportionate to the established assurance, reliance, detriment, and resulting equity (S. 96–97, 100, CJA; equity).

Declaration that an easement was acquired by prescription: Recognizes an easement acquired through qualifying use for the applicable statutory period (S. 31–32, RPLA; common law).

Declaration that an easement arose under the doctrine of lost modern grant: Recognizes an easement based on the legal presumption of a grant arising from sufficiently long, continuous, open, and as-of-right use (common law).

Declaration that the requirements for a prescriptive easement have not been established: Determines that the asserted use was insufficient in its character, continuity, duration, openness, or independence from permission (S. 31–32, RPLA; common law).

Declaration that use was permissive and did not create a prescriptive easement: Determines that the use occurred under consent, agreement, licence, neighbourly accommodation, or other permission and was therefore not as of right (S. 31–32, RPLA; common law; equity; terms).

Declaration that prescriptive use was interrupted: Determines that the qualifying period was legally interrupted before an easement could arise (S. 32, RPLA; common law).

Declaration that the prescriptive period was completed before conversion to Land Titles: Determines that the easement accrued before statutory protection of the registered title prevented the subsequent acquisition of prescriptive rights (S. 31–32, RPLA; S. 51, LTA; common law).

Declaration that an easement cannot be acquired by prescription against the registered title: Determines that the applicable Land Titles provisions prevent the asserted use from creating an easement (S. 51, LTA; common law).

3. Nature and Scope of Easements

Declaration interpreting an easement: Determines the meaning and legal effect of the instrument, circumstances, or doctrine creating the easement (S. 97, CJA; common law; equity; terms).

Declaration determining the location of an easement: Identifies the land, route, corridor, or physical area over which the easement may be exercised (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration determining the width or dimensions of an easement: Establishes the physical boundaries within which the easement may be exercised (S. 97, CJA; common law; equity; terms).

Declaration determining the permitted purpose of an easement: Defines the activities, services, access, drainage, support, utilities, or other purposes authorized by the easement (S. 97, CJA; common law; equity; terms).

Declaration determining the persons entitled to use an easement: Identifies whether the right may be exercised by owners, occupants, tenants, customers, invitees, contractors, successors, or other persons connected with the dominant land (S. 97, CJA; common law; equity; terms).

Declaration determining the permissible frequency, intensity, or manner of use: Establishes the extent to which the easement may be used without exceeding the rights granted or imposing an unauthorized burden on the servient land (S. 97, CJA; common law; equity; terms).

Declaration that a particular use falls within the easement: Confirms that an identified activity is authorized by the easement’s language, purpose, and proper interpretation (S. 97, CJA; common law; equity; terms).

Declaration that a particular use exceeds the easement: Determines that an activity materially exceeds the purpose, physical extent, intensity, or burden authorized by the easement (S. 97, CJA; common law; equity; terms).

Declaration that use of an easement for after-acquired or non-dominant land is unauthorized: Determines that the easement cannot be used to benefit land other than the dominant tenement unless the governing instrument or law permits that use (S. 97, CJA; common law; equity; terms).

Declaration determining ancillary rights necessary to exercise an easement: Recognizes rights reasonably necessary to make effective use of the principal easement, including appropriate access for maintenance or repair (S. 97, CJA; common law; equity; terms).

4. Exercise of Easements and Rights of Way

Order permitting the exercise of an easement: Requires the servient owner or another interfering person to permit the easement holder to exercise the established right (S. 96, 101, CJA; common law; equity; terms).

Order requiring access over a right of way: Requires access to be provided over the route and on the terms established by the easement (S. 96, 101, CJA; common law; equity; terms).

Order requiring removal of a gate, fence, barrier, vehicle, structure, or other obstruction: Requires removal of an object that prevents or materially interferes with the lawful exercise of an easement or right of way (S. 96, 101, CJA; R. 40; common law; equity).

Order requiring keys, access codes, or other means of entry: Requires the delivery of items or information reasonably necessary to exercise the established access right (S. 96, 101, CJA; common law; equity; terms).

Order regulating the use of gates or security measures: Establishes reasonable conditions governing gates, locks, access controls, or security measures affecting the exercise of the easement or right of way (S. 96, 101, CJA; common law; equity; terms).

Order requiring restoration of an easement route or area: Requires the responsible party to restore the land sufficiently to permit the lawful exercise of the easement (S. 96, 101, CJA; common law; equity; terms).

Order requiring access for inspection, maintenance, or repair: Permits entry onto the servient land where reasonably necessary to inspect, maintain, repair, or restore the easement or facilities authorized by it (S. 96, 101, CJA; common law; equity; terms).

Order regulating the manner, timing, or conditions of access: Establishes reasonable terms for exercising an easement or right of way while protecting both the dominant and servient owners’ property rights (S. 96, 101, CJA; common law; equity; terms).

5. Interference and Excessive Use

Declaration that conduct constitutes substantial interference with an easement: Determines that the conduct materially impairs the easement holder’s reasonable and convenient exercise of the right (S. 97, CJA; common law; equity).

Declaration that conduct does not substantially interfere with an easement: Determines that the challenged conduct remains consistent with the servient owner’s residual rights and does not materially impair the easement (S. 97, CJA; common law; equity).

Permanent injunction restraining interference with an easement or right of way: Prohibits conduct that obstructs or materially impairs the lawful exercise of the right (S. 96, 101, CJA; common law; equity).

Mandatory order requiring cessation of an unauthorized use: Requires the easement holder to stop using the servient land for a purpose or in a manner exceeding the easement (S. 96, 101, CJA; common law; equity).

Injunction restraining excessive or unauthorized use of an easement: Prohibits use exceeding the easement’s authorized purpose, location, intensity, or benefiting land (S. 96, 101, CJA; common law; equity; terms).

Order requiring repair of damage caused by the exercise of an easement: Requires the easement holder to repair or restore damage caused by the manner in which the right was exercised (S. 96, 101, CJA; common law; equity; terms).

Order imposing reasonable conditions on future use: Prescribes conditions necessary to prevent recurring interference, excessive use, physical damage, or unreasonable inconvenience (S. 96, 101, CJA; common law; equity; terms).

6. Maintenance, Repair, and Expenses

Declaration determining responsibility for maintaining an easement: Determines which party is legally responsible for maintaining the easement route, facility, or improvement (S. 97, CJA; common law; equity; terms).

Declaration determining responsibility for repairing an easement: Determines which party must repair deterioration or damage affecting the exercise of the easement (S. 97, CJA; common law; equity; terms).

Declaration determining responsibility for maintenance or repair costs: Allocates qualifying expenses between the easement holder, servient owner, or multiple users according to the governing rights and obligations (S. 97, CJA; common law; equity; terms).

Order requiring performance of a maintenance or repair obligation: Requires a party to carry out an enforceable obligation necessary to preserve or restore the easement (S. 96, 101, CJA; common law; equity; terms).

Order authorizing a party to perform necessary maintenance or repairs: Permits a party to enter and complete defined work where the work is reasonably necessary to exercise or protect the easement (S. 96, 101, CJA; common law; equity; terms).

Order requiring contribution to maintenance or repair expenses: Requires payment of the share of reasonable expenses properly attributable to a party under the governing instrument, agreement, or applicable law (S. 96, 101, CJA; common law; equity; terms).

Judgment reimbursing maintenance or repair expenses: Awards proven expenses properly incurred in performing another party’s enforceable obligation or preserving the easement (common law; equity; terms).

7. Variation, Relocation, and Extinguishment

Declaration that an easement has been validly varied: Confirms that an enforceable instrument, agreement, or equitable entitlement changed the location, scope, purpose, or terms of the easement (S. 97, CJA; common law; equity; terms).

Order specifically enforcing an agreement to vary or relocate an easement: Requires the parties to implement an enforceable agreement altering the easement (S. 96, 99–100, CJA; common law; equity; terms).

Declaration that a unilateral relocation of an easement is unauthorized: Determines that one party cannot alter the easement’s established route or location without the necessary consent or legal authority (S. 97, CJA; common law; equity; terms).

Order requiring restoration of an easement to its lawful location: Requires reversal of an unauthorized relocation or physical alteration that impairs the established right (S. 96, 101, CJA; common law; equity; terms).

Declaration that an easement has been released: Confirms that the easement holder validly surrendered the easement through an enforceable release (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that an easement has expired: Determines that an easement created for a limited duration or subject to a terminating event has come to an end (S. 97, CJA; common law; equity; terms).

Declaration that an easement has been extinguished by unity of ownership and possession: Determines that the easement ended when the dominant and servient tenements became vested in the same person in the legally required manner (S. 97, CJA; common law; equity).

Declaration that an easement has been abandoned: Determines that the easement holder’s conduct demonstrates the legally required intention to relinquish the right permanently (S. 97, CJA; common law; equity).

Declaration that non-use did not extinguish an easement: Confirms that inactivity alone, without the legally required evidence of abandonment or another terminating event, did not end the easement (S. 97, CJA; common law; equity).

Declaration that an easement of necessity has terminated: Determines that the strict necessity supporting the easement no longer exists and that the easement has consequently ended (S. 97, CJA; common law; equity).

Order requiring execution and registration of a release: Requires a party to execute and register the documents necessary to give effect to an established release, termination, or extinguishment of an easement (S. 100, CJA; LTA; RA; common law; equity; terms).

8. Access Roads

Declaration that a route is an access road: Determines that the road falls within the statutory definition and protections of the Road Access Act (S. 1–2, RAA; S. 97, CJA).

Declaration that a route is a common road: Determines that an access road qualifies as a common road because public money has been expended on its repair or maintenance (S. 1–2, RAA; S. 97, CJA).

Declaration that the statutory prohibition against closing an access road applies: Determines that blocking the road would prevent all motor-vehicle access to qualifying land or docking facilities and is not otherwise authorized (S. 2, RAA; S. 97, CJA).

Declaration that the statutory prohibition against closing an access road does not apply: Determines that the route or proposed closure falls outside the statutory prohibition, including where qualifying alternative road access exists (S. 1–2, RAA; S. 97, CJA).

Order authorizing the closing of an access road: Permits an owner to close an access road or common road where the statutory requirements are satisfied (S. 2–3, RAA).

Order imposing conditions on the closing of an access road: Establishes reasonable and just conditions governing an authorized road closure (S. 3(2), RAA).

Interim order authorizing the closing of an access road: Temporarily permits closure without the ordinary notice where the statutory urgency requirements are satisfied (S. 4, RAA).

Order setting aside an interim closing order: Cancels an interim authorization to close the road where the court considers it proper to do so (S. 4(3), RAA).

Injunction restraining the unauthorized obstruction or closing of an access road: Prohibits a barrier or obstacle that contravenes the statutory protection or unlawfully interferes with an established access right (S. 2, RAA; S. 96, 101, CJA; common law; equity).

Mandatory order requiring removal of an unauthorized barrier or obstacle: Requires removal of an obstruction unlawfully preventing access over the road (S. 2, RAA; S. 96, 101, CJA; common law; equity).

9. Profits à Prendre and Other Rights over Land

Declaration that a profit à prendre exists: Recognizes an enforceable right to enter another person’s land and remove soil, minerals, timber, game, vegetation, or another product of the land (S. 97, CJA; common law; equity; terms).

Declaration that no profit à prendre exists: Determines that the claimant has no proprietary right to enter the land and remove the asserted natural resource or product (S. 97, CJA; common law; equity).

Declaration determining the nature and scope of a profit à prendre: Defines the land, resource, quantity, duration, frequency, or manner governed by the right (S. 97, CJA; common law; equity; terms).

Declaration determining whether a profit à prendre is appurtenant or in gross: Determines whether the right benefits identified land or exists independently as a proprietary interest held by a person (S. 97, CJA; common law; equity; terms).

Declaration determining the existence or scope of a right of support: Establishes an enforceable right to lateral or vertical support from adjoining land or structures (S. 97, CJA; common law; equity; terms).

Declaration determining the existence or scope of a drainage right: Establishes whether and to what extent water may lawfully drain through, over, or beneath adjoining land (S. 97, CJA; common law; equity; terms).

Declaration determining the existence or scope of a utility or service easement: Establishes rights concerning pipes, drains, sewers, conduits, utilities, or other services crossing or situated on affected land (S. 97, CJA; LTA; RA; common law; equity; terms).

Order permitting the lawful exercise of a profit or other right over land: Requires the burdened owner to permit exercise of the established proprietary right (S. 96, 101, CJA; common law; equity; terms).

Injunction restraining interference with a profit or other right over land: Prohibits conduct materially impairing the lawful exercise of the established right (S. 96, 101, CJA; common law; equity).

Injunction restraining excessive exercise of a profit or other right over land: Prohibits use exceeding the nature, quantity, location, or intensity authorized by the right (S. 96, 101, CJA; common law; equity; terms).

10. Damages and Consequential Relief

Judgment for damages for interference with an easement: Compensates the easement holder for proven loss caused by obstruction or other unlawful interference with the right (common law).

Judgment for loss of use or access: Compensates for proven loss resulting from deprivation or restriction of the claimant’s lawful use of the easement or right of way (common law).

Judgment for physical damage to the easement area or authorized facilities: Compensates for damage to a roadway, driveway, drainage system, utility installation, or other improvement associated with the easement (common law; terms).

Judgment for restoration or repair costs: Awards the reasonable cost of restoring the easement route, area, or facilities following unlawful interference or excessive use (common law; terms).

Judgment for consequential losses: Compensates for reasonably foreseeable losses caused by the obstruction, misuse, or impairment of the easement or access right (common law; terms).

Judgment for damages in addition to an injunction: Compensates for losses already sustained while also restraining continuing or future interference (S. 99, CJA; common law; equity).

Judgment for damages in substitution for an injunction: Awards monetary compensation instead of prohibiting or reversing the interference where damages are the appropriate substitute for injunctive relief (S. 99, CJA; common law; equity).

Judgment for punitive damages: Punishes and denounces malicious, oppressive, or high-handed interference with an easement, right of way, access right, or other proprietary right where compensatory relief is insufficient (common law).

Order requiring execution or registration of an easement instrument: Requires a party to execute or register the documents necessary to give effect to the court’s substantive determination (S. 100, CJA; LTA; RA; common law; equity).

Vesting order giving effect to an established easement or other right over land: Vests the interest where the court has authority to order its conveyance or disposition and vesting relief is required to implement the determination (S. 100, CJA; common law; equity).

Order directing consequential amendment of the parcel register: Requires or authorizes appropriate registration steps to reflect the judicial determination concerning the easement, right of way, or other interest (LTA; RA; S. 100, CJA).

1. Validity and Enforceability

Declaration that a restrictive covenant exists: Confirms that identified land is subject to a covenant restricting its use or development (S. 97, CJA; CLPA; LTA; RA; common law; equity; terms).

Declaration that no restrictive covenant exists: Determines that the instrument or circumstances relied upon did not create a legally recognized restrictive covenant (S. 97, CJA; common law; equity; terms).

Declaration that a restrictive covenant is valid and enforceable: Confirms that the covenant satisfies the requirements governing its creation and may be enforced against the burdened land or its present owner (S. 97, CJA; CLPA; LTA; RA; common law; equity; terms).

Declaration that a restrictive covenant is invalid or unenforceable: Determines that the covenant cannot be enforced because of defective creation, uncertainty, illegality, public policy, absence of benefited land, lack of notice, or another legal defect (S. 97, CJA; CLPA; LTA; RA; common law; equity).

Declaration that a restrictive covenant binds a successor in title: Determines that the covenant’s burden runs with the land and is enforceable against the present owner (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that a restrictive covenant does not bind a successor in title: Determines that the requirements for enforcing the covenant against the present owner have not been satisfied (S. 97, CJA; LTA; RA; common law; equity).

Declaration identifying the land benefited or burdened by a restrictive covenant: Determines the parcels receiving the covenant’s benefit and the parcels subject to its restriction (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that a person is or is not entitled to enforce a restrictive covenant: Determines whether the person holds the benefit of the covenant and the interest required to enforce it (S. 97, CJA; common law; equity; terms).

Declaration that a discriminatory restriction is void and unenforceable: Determines that a restriction based on a legally prohibited ground cannot validly affect the ownership, occupation, use, or transfer of land (CLPA; HRC; common law; public policy).

2. Interpretation and Application

Declaration interpreting a restrictive covenant: Determines the meaning, purpose, duration, geographic extent, and legal effect of the restriction (S. 97, CJA; common law; equity; terms).

Declaration determining the uses prohibited by a restrictive covenant: Defines the construction, development, subdivision, business activity, occupancy, or other use prohibited by the covenant (S. 97, CJA; common law; equity; terms).

Declaration that a proposed use complies with a restrictive covenant: Confirms that a proposed construction, alteration, development, subdivision, or use does not contravene the restriction (S. 97, CJA; common law; equity; terms).

Declaration that a proposed use would breach a restrictive covenant: Determines that an intended construction, alteration, development, subdivision, or use falls within the conduct prohibited by the covenant (S. 97, CJA; common law; equity; terms).

Declaration that municipal approval does not displace a private restrictive covenant: Confirms that zoning, planning, building, or other governmental approval does not by itself extinguish or authorize a breach of private covenant rights (S. 97, CJA; common law; equity).

3. Building Schemes and Reciprocal Restrictions

Declaration that a building scheme exists or does not exist: Determines whether common restrictions were imposed over a defined development for the mutual benefit of participating parcels and their successors (S. 97, CJA; common law; equity; terms).

Declaration determining the parcels governed by a building scheme: Identifies the boundaries of the scheme and the parcels included within or excluded from it (S. 97, CJA; common law; equity; terms).

Declaration that restrictions within a building scheme are or are not mutually enforceable: Determines whether participating owners may enforce the common restrictions against one another (S. 97, CJA; common law; equity; terms).

Declaration that a building scheme remains effective or has been abandoned: Determines whether the scheme continues to protect a common interest or whether widespread departures, acquiescence, or changed circumstances have deprived it of continuing effect (S. 97, CJA; common law; equity).

Injunction enforcing a restriction within a building scheme: Prohibits an owner within the scheme from engaging in conduct that breaches a mutually enforceable restriction (S. 96, 101, CJA; common law; equity; terms).

Order modifying or discharging a restriction forming part of a building scheme: Alters or removes a common restriction from the applicant’s land where the statutory requirements are satisfied (S. 61, CLPA; common law; equity).

4. Breach and Enforcement

Declaration that a restrictive covenant has or has not been breached: Determines whether completed or continuing conduct contravenes the restriction (S. 97, CJA; common law; equity; terms).

Declaration that a party is barred from enforcing an identified breach: Determines that waiver, acquiescence, estoppel, delay, or other equitable circumstances make enforcement unavailable in relation to the breach (S. 96–97, CJA; common law; equity).

Permanent injunction restraining a breach of a restrictive covenant: Prohibits conduct that contravenes or would contravene an enforceable restriction (S. 96, 101, CJA; common law; equity; terms).

Mandatory order requiring cessation of a prohibited use: Requires a party to discontinue a business, occupancy, development, subdivision, or other use prohibited by the covenant (S. 96, 101, CJA; common law; equity; terms).

Mandatory order requiring removal or alteration of construction completed in breach: Requires the removal or modification of a building, addition, structure, or improvement erected contrary to the restriction (S. 96, 101, CJA; common law; equity).

Order requiring restoration of the property: Requires the burdened owner to restore the land or improvements to a condition consistent with the covenant (S. 96, 101, CJA; common law; equity; terms).

Order imposing conditions on future use or development: Prescribes conditions necessary to secure compliance and prevent repetition or continuation of the breach (S. 96, 101, CJA; common law; equity).

5. Modification, Discharge, Release, and Expiry

Order modifying a restrictive covenant: Alters the scope, duration, affected land, permitted use, or operation of the restriction where the statutory requirements are satisfied (S. 61, CLPA).

Order partially discharging a restrictive covenant: Releases an identified parcel, portion of land, proposed use, or aspect of the restriction while preserving the remainder (S. 61, CLPA).

Order wholly discharging a restrictive covenant: Releases the burdened land from a restriction that is spent, obsolete, unsuitable, without continuing practical value, or otherwise satisfies the statutory requirements for discharge (S. 61, CLPA).

Order requiring compensation as a condition of modification or discharge: Requires payment for an established loss or disadvantage resulting from the court-ordered alteration or removal of the covenant (S. 61, CLPA).

Order imposing terms or replacement restrictions upon modification: Establishes conditions or revised restrictions necessary to protect legitimate interests affected by the modification (S. 61, CLPA; equity).

Declaration that a restrictive covenant has been released: Confirms that the person entitled to its benefit validly released the restriction (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration that a purported release is invalid or ineffective: Determines that the purported release did not satisfy the legal requirements necessary to terminate the restriction (S. 97, CJA; common law; equity; terms).

Order specifically enforcing an agreement to release or modify a restrictive covenant: Requires a party to perform an enforceable agreement concerning the removal or alteration of the restriction (S. 96, 99–100, CJA; common law; equity; terms).

Declaration that a restrictive covenant has expired: Determines that the covenant has ended according to its terms or under the governing land-registration legislation (S. 119, LTA; S. 97, CJA; common law; terms).

Declaration that a restrictive covenant remains in force: Confirms that the restriction has not expired, been released, abandoned, discharged, or otherwise terminated (S. 97, CJA; CLPA; LTA; common law; equity; terms).

6. Damages and Consequential Relief

Judgment for damages for breach of a restrictive covenant: Compensates the person entitled to the covenant’s benefit for proven loss caused by its breach (common law; equity; terms).

Judgment for diminution in property value or loss of use and enjoyment: Compensates for a proven reduction in the value, amenity, privacy, character, use, or enjoyment of the benefited property caused by the breach (common law; equity).

Judgment for restoration or remediation costs: Awards the reasonable cost of reversing, repairing, or mitigating the consequences of the breach (common law; equity).

Judgment for damages in addition to an injunction: Compensates for losses already sustained while also restraining the continuation or recurrence of the breach (S. 99, CJA; common law; equity).

Judgment for damages in substitution for an injunction: Awards monetary compensation instead of prohibiting or reversing the breach where damages are the appropriate substitute for injunctive relief (S. 99, CJA; common law; equity).

Judgment for punitive damages: Punishes and denounces malicious, oppressive, or high-handed conduct connected with a deliberate breach where compensatory relief is insufficient (common law).

Order requiring execution and registration of a modification or release: Requires a party to execute and register the documents necessary to give effect to the court’s substantive determination (S. 61, CLPA; S. 100, CJA; LTA; RA).

Order directing deletion or amendment of a restrictive covenant from the parcel register: Requires or authorizes the appropriate registration steps to reflect the covenant’s invalidity, expiry, modification, discharge, or release (S. 61, CLPA; LTA; RA; S. 100, CJA).

1. Existence, Validity, and Characterization

Declaration that a mortgage or charge exists: Confirms that identified land secures an enforceable debt or obligation (S. 97, CJA; MA; LTA; RA; common law; equity; terms).

Declaration that a mortgage or charge is valid and enforceable: Confirms that the security was validly created and may be enforced against the mortgaged land (S. 97, CJA; MA; LTA; RA; common law; equity; terms).

Declaration that a mortgage or charge is invalid or unenforceable: Determines that the asserted security does not bind the land because of defective creation, lack of authority, illegality, uncertainty, absence of a secured obligation, or another validity defect (S. 97, CJA; MA; common law; equity).

Declaration that an instrument constitutes a mortgage: Determines that a transaction taking another form was intended to secure repayment or performance and therefore operates as a mortgage in law or equity (S. 97, CJA; common law; equity; terms).

Declaration that an instrument constitutes an absolute transfer rather than a mortgage: Determines that the transaction transferred ownership and was not intended merely as security (S. 97, CJA; common law; equity; terms).

Declaration determining the property secured by a mortgage: Identifies the parcel, interest, fixtures, rents, or other property subject to the mortgage security (S. 97, CJA; LTA; RA; common law; equity; terms).

Declaration determining the obligations secured by a mortgage: Identifies the principal debt, interest, advances, costs, guarantees, or other obligations secured against the land (S. 97, CJA; common law; equity; terms).

2. Priority and Competing Security Interests

Declaration determining the priority of a mortgage: Establishes the mortgage’s ranking relative to other mortgages, charges, liens, executions, trusts, or interests in the land (S. 97, CJA; MA; LTA; RA; common law; equity).

Declaration that a mortgage has priority over another interest: Confirms that the mortgage ranks ahead of an identified competing interest in the land (S. 97, CJA; LTA; RA; common law; equity).

Declaration that a mortgage is subordinate to another interest: Determines that the mortgage ranks behind an identified ownership, mortgage, lien, leasehold, trust, or other proprietary interest (S. 97, CJA; LTA; RA; common law; equity).

Declaration giving effect to a postponement or subordination agreement: Determines the priority of competing interests according to an enforceable agreement altering their ordinary ranking (S. 97, CJA; common law; equity; terms).

Declaration postponing a mortgage because of fraud, notice, or inequitable conduct: Subordinates a mortgage where the mortgagee’s conduct or knowledge makes reliance on its apparent priority inequitable (S. 96–97, CJA; common law; equity).

Order for marshalling of securities: Requires a creditor with access to multiple securities to realize against them in an equitable manner that avoids unnecessarily prejudicing a junior secured creditor where the requirements of marshalling are established (S. 96, CJA; equity).

3. Mortgage Debt, Terms, and Default

Declaration determining the amount secured by a mortgage: Establishes the principal, interest, charges, credits, costs, and other amounts properly secured against the land (S. 97, CJA; MA; common law; equity; terms).

Declaration that a mortgagor is in default: Determines that the borrower or owner failed to perform a payment or other obligation secured by the mortgage (S. 97, CJA; MA; common law; terms).

Declaration that no mortgage default occurred: Determines that the alleged failure did not constitute a default under the mortgage or applicable law (S. 97, CJA; MA; common law; equity; terms).

Declaration that a mortgage default was cured: Determines that the mortgagor paid or performed what was required to return the mortgage to good standing (S. 22–23, MA; S. 97, CJA; terms).

Declaration determining the enforceability of an acceleration clause: Determines whether the mortgagee may require immediate payment of amounts that would otherwise become due later (S. 17, 22–23, MA; S. 97, CJA; common law; equity; terms).

Declaration determining the enforceability of a prepayment charge or bonus: Determines whether the mortgagee may require the disputed charge as a condition of early repayment or discharge (S. 17–18, MA; IA; S. 97, CJA; common law; terms).

Declaration determining recoverable interest and enforcement costs: Establishes the interest, legal fees, expenses, and other enforcement amounts properly recoverable under the mortgage and applicable law (MA; IA; common law; equity; terms).

4. Cure, Redemption, and Discharge

Declaration that a mortgagor is entitled to cure the default: Confirms the mortgagor’s right to bring the mortgage into good standing by paying the arrears and permitted costs (S. 22–23, MA; common law; equity).

Order permitting cure of a mortgage default: Allows the mortgagor to pay or perform what is required to restore the mortgage despite acceleration or the commencement of enforcement proceedings (S. 22–23, MA; R. 64; equity).

Declaration that a person is entitled to redeem the mortgage: Confirms the right of the mortgagor, subsequent mortgagee, or other interested person to satisfy the secured obligations and recover the unencumbered interest in the land (S. 97, CJA; MA; R. 64.05; common law; equity).

Order permitting redemption of a mortgage: Allows an entitled person to redeem upon payment of the amount determined by the court within the prescribed period (R. 64.05; MA; equity).

Order fixing the amount required to redeem: Determines the principal, interest, costs, and other amounts that must be paid to redeem the mortgage (R. 64; MA; common law; equity; terms).

Order fixing or extending the redemption period: Establishes or extends the time within which an entitled person may redeem before foreclosure or sale becomes final (R. 64; common law; equity).

Declaration that the equity of redemption has not been extinguished: Confirms that the mortgagor or another interested person retains the right to redeem the property (S. 97, CJA; MA; R. 64; common law; equity).

Declaration that a mortgage has been fully paid or otherwise satisfied: Determines that no further amount remains secured against the land (S. 97, CJA; MA; common law; equity; terms).

Order requiring delivery of a mortgage discharge statement: Requires the mortgagee to provide the amount and information necessary to redeem and discharge the mortgage (S. 22, MA).

Order requiring discharge of a satisfied mortgage: Requires the mortgagee to execute and deliver a registrable discharge after receiving full payment or satisfaction of the secured obligations (S. 43, MA; S. 100, CJA; LTA; RA).

Order requiring a partial discharge of mortgaged land: Requires the mortgagee to release an identified parcel or portion of the land where the mortgagor has established an enforceable entitlement to that release (MA; LTA; RA; common law; equity; terms).

Order directing registration of a discharge: Authorizes the registration steps necessary to remove a mortgage that has been paid, released, extinguished, or judicially determined to be unenforceable (LTA; RA; S. 100, CJA).

5. Foreclosure

Order for foreclosure subject to a right of redemption: Determines the mortgagee’s entitlement to foreclosure while providing interested parties with a period within which to redeem (R. 64.02–64.03; MA; equity).

Order for immediate foreclosure: Forecloses the equity of redemption without the ordinary reference or redemption period where the exceptional requirements for immediate foreclosure are satisfied (R. 64.03; equity).

Final order of foreclosure: Extinguishes the equity of redemption and interests subordinate to the mortgage and leaves the mortgagee with the foreclosed interest in the land (R. 64.03; MA; equity).

Order extending the time to redeem before final foreclosure: Provides an interested person with additional time to satisfy the mortgage before the equity of redemption is finally extinguished (R. 64.03; equity).

Order reopening a foreclosure: Reopens a foreclosure in exceptional circumstances before the rights of third parties make reopening unavailable (R. 64; common law; equity).

Order converting a foreclosure proceeding into a sale proceeding: Replaces foreclosure with judicial sale where sale is necessary or more appropriate to protect the interests of the parties (R. 64.03–64.04; equity).

6. Judicial Sale and Distribution

Order for judicial sale of mortgaged property: Directs the property to be sold under court authority to satisfy the mortgage and other interests in the land (R. 64.04; S. 100, CJA; MA; equity).

Order determining the conduct and terms of sale: Establishes who will control the sale, the listing or tender process, the minimum terms, permitted adjustments, and other conditions governing disposition of the property (R. 64.04; S. 100–101, CJA; equity).

Order requiring delivery of vacant possession for sale: Requires occupants to surrender possession where vacant possession is necessary to complete the court-ordered sale (R. 64.04; S. 100–101, CJA; common law; equity).

Order approving a sale of mortgaged property: Approves a transaction completed through the court-supervised sale process (R. 64.04; S. 100, CJA; equity).

Vesting order in favour of the purchaser: Vests the property in the purchaser and addresses the interests to be preserved or removed from title (S. 100, CJA; R. 64.04; LTA; RA).

Order distributing the proceeds of sale: Directs payment of sale expenses and distribution among mortgagees, lienholders, owners, and other persons according to their established priorities (R. 64.04; S. 100, 122, CJA; common law; equity).

Order paying surplus proceeds to the mortgagor or other entitled person: Directs payment of the balance remaining after satisfaction of the mortgage debt, prior-ranking claims, and proper expenses (R. 64.04; MA; common law; equity).

Judgment for a deficiency following sale: Awards the unpaid balance remaining after the net sale proceeds are applied to the mortgage debt where personal liability and the applicable procedural requirements are established (R. 64.04; common law; terms).

7. Possession, Rents, and Receivership

Order granting possession of mortgaged property to the mortgagee: Requires possession to be delivered where the mortgagee has established a present contractual, statutory, or common-law entitlement to possession (MA; common law; equity; terms).

Order requiring the mortgagor or occupant to deliver vacant possession: Requires the property to be surrendered to permit lawful mortgage enforcement, management, or sale (MA; common law; equity; terms).

Order refusing or postponing mortgagee possession: Prevents or defers possession where the mortgagee has not established a present entitlement or where statutory or equitable relief is available (S. 22–23, MA; common law; equity).

Order appointing a receiver or receiver and manager over mortgaged property: Places the property, rents, and related operations under independent control where appointment is authorized by the mortgage or is just or convenient (S. 101, CJA; R. 41; common law; equity; terms).

Order authorizing a receiver to take possession and collect rents: Grants the receiver authority to possess, manage, preserve, lease, or collect income from the mortgaged property (S. 101, CJA; R. 41; equity; terms).

Order requiring tenants or occupants to pay rent to the mortgagee or receiver: Redirects rents and other income to the person entitled to collect them under the mortgage or receivership order (MA; S. 101, CJA; common law; equity; terms).

Order requiring a mortgagee in possession to account: Requires disclosure and accounting for rents, income, expenditures, management, and dealings with the property while under the mortgagee’s control (S. 122, CJA; common law; equity).

Order requiring proper management and preservation by a mortgagee in possession: Enforces the mortgagee’s obligations concerning reasonable care, income collection, expenditures, and preservation of the property (S. 96, 101, 122, CJA; common law; equity).

8. Power of Sale

Declaration that a mortgagee is entitled to exercise a power of sale: Confirms that the required default, notice, waiting period, and contractual or statutory conditions for sale have been satisfied (S. 24–42, MA; S. 97, CJA; terms).

Declaration that a power-of-sale proceeding is invalid or premature: Determines that the mortgagee failed to satisfy the requirements necessary to exercise the power of sale (S. 22–42, MA; S. 97, CJA; common law; equity).

Injunction restraining an improper power of sale: Prevents the mortgagee from selling or completing a sale where the enforcement process is unauthorized, premature, defective, or otherwise unlawful (S. 96, 101, CJA; R. 40; MA; equity).

Order setting aside an agreement of purchase and sale made under a power of sale: Rescinds or nullifies the mortgagee’s sale agreement where the legal requirements for setting it aside are established and intervening third-party rights do not prevent that relief (MA; common law; equity).

Order setting aside or declaring void a conveyance under a power of sale: Reverses or invalidates a completed conveyance where the statutory or equitable requirements for that exceptional relief are established (MA; LTA; RA; common law; equity).

Declaration that a purchaser under a power of sale acquired valid title: Confirms the purchaser’s title where the governing statutory protections and sale requirements apply (MA; LTA; RA; common law).

Order requiring an accounting of power-of-sale proceeds: Requires the mortgagee to disclose the sale price, expenses, mortgage debt, distributions, and surplus (S. 27, 36, MA; S. 122, CJA; common law; equity).

Order requiring payment of surplus sale proceeds: Requires the mortgagee to pay the balance remaining after satisfaction of the mortgage debt, proper expenses, and prior-ranking claims to the persons entitled to it (MA; common law; equity).

Judgment for damages for an improvident or bad-faith sale: Compensates the mortgagor or another entitled person where the mortgagee failed to act in good faith or take reasonable precautions to obtain the proper market value (common law; equity).

Judgment for damages arising from an invalid power of sale: Compensates for proven loss caused by unauthorized or legally defective mortgage enforcement (MA; common law; equity).

9. Mortgage Accounting and Monetary Relief

Order taking mortgage accounts: Requires a determination of all amounts debited, credited, received, paid, and properly secured under the mortgage (S. 122, CJA; R. 64; common law; equity; terms).

Order requiring production of a mortgage statement or accounting records: Requires the mortgagee to disclose the information necessary to determine the secured debt, redemption amount, or disposition of enforcement proceeds (S. 22, MA; S. 122, CJA; R. 64).

Order disallowing improper interest, charges, or expenses: Removes amounts that are unauthorized, unreasonable, penal, incorrectly calculated, or not properly secured by the mortgage (MA; IA; common law; equity; terms).

Judgment for the mortgage debt: Awards the principal, interest, and other amounts personally owing under the mortgage covenant (R. 64; common law; terms).

Judgment enforcing a mortgage guarantee: Requires a guarantor to pay the amounts properly owing under an enforceable guarantee associated with the mortgage (common law; equity; terms).

Judgment requiring repayment of an overpayment: Requires the mortgagee to return amounts received in excess of the debt, interest, costs, or charges lawfully recoverable (common law; equity; restitution).

Judgment for damages caused by wrongful mortgage enforcement: Compensates the mortgagor or another affected person for proven loss caused by enforcement undertaken without lawful entitlement or in breach of the mortgagee’s duties (MA; common law; equity).

Judgment for punitive damages: Punishes and denounces malicious, oppressive, or high-handed mortgage enforcement where compensatory relief is insufficient (common law).

10. Equitable Mortgages, Liens, and Subrogation

Declaration that an equitable mortgage or charge exists: Recognizes an intention to make identified land security for an obligation even though the requirements for a legal mortgage were not completed (S. 96–97, CJA; equity; terms).

Declaration that no equitable mortgage or charge exists: Determines that the evidence does not establish the intention or entitlement required to create equitable security over the land (S. 96–97, CJA; equity).

Declaration that a vendor’s lien exists: Recognizes the unpaid vendor’s equitable security interest in land transferred without full payment of the purchase price (S. 96–97, CJA; equity; terms).

Declaration that an equitable lien exists: Recognizes a non-possessory equitable charge over land securing payment or restitution where the legal requirements are satisfied (S. 96–97, CJA; equity).

Declaration granting equitable subrogation: Places a person who discharged a prior secured obligation into the position of the former secured creditor to prevent unjust enrichment or an unintended loss of priority (S. 96–97, CJA; equity).

Declaration determining the priority of an equitable mortgage, lien, or subrogated interest: Establishes the ranking of the equitable security relative to registered and unregistered interests in the land (S. 96–97, CJA; LTA; RA; equity).

Order enforcing an equitable mortgage, charge, or lien by sale: Directs sale of the affected property to satisfy the obligation secured by the equitable interest (S. 96, 100, CJA; equity).

Order discharging or releasing an equitable security interest: Removes the equitable mortgage, charge, or lien after satisfaction of the secured obligation or a determination that the interest is no longer enforceable (S. 96–97, 100, CJA; equity).

11. Consequential Title Relief

Order requiring execution and registration of a mortgage discharge: Requires completion of the documents necessary to remove a satisfied, released, or unenforceable mortgage from title (S. 43, MA; S. 100, CJA; LTA; RA).

Order directing deletion of an invalid or extinguished mortgage from the parcel register: Requires or authorizes amendment of the register to reflect the court’s substantive determination (LTA; RA; S. 100, CJA).

Order directing registration of a foreclosure order: Gives land-registration effect to the final foreclosure and the resulting extinguishment of subordinate interests (LTA; RA; R. 64.03).

Vesting order giving effect to foreclosure or judicial sale: Vests the relevant interest in the mortgagee or purchaser and addresses subordinate interests on title (S. 100, CJA; R. 64; LTA; RA).

1. Existence, Validity, and Characterization

Declaration that a commercial lease exists: Confirms that the parties created an enforceable landlord-and-tenant relationship concerning identified premises (S. 97, CJA; CTA; CLPA; common law; equity; terms).

Declaration that a commercial lease is valid and enforceable: Confirms that the lease satisfies the applicable requirements and binds the parties or their successors (S. 97, CJA; CTA; CLPA; common law; equity; terms).

Declaration that a purported commercial lease is invalid or unenforceable: Determines that the alleged lease is ineffective because of uncertainty, illegality, defective formation, lack of authority, or another validity defect (S. 97, CJA; common law; equity).

Declaration that an arrangement constitutes a lease rather than a licence: Determines that the occupant holds a leasehold interest, including the right to exclusive possession, rather than merely personal permission to use the premises (S. 97, CJA; CTA; common law; equity; terms).

Declaration that an arrangement constitutes a licence rather than a lease: Determines that the arrangement creates personal permission to use the premises and not a leasehold estate (S. 97, CJA; common law; equity; terms).

Declaration determining the commencement, duration, or expiry of a lease: Establishes when the tenancy began, the length of its term, and when it expires or expired (S. 97, CJA; CTA; common law; terms).

Declaration determining the leased premises: Identifies the unit, building, land, parking, storage, common areas, or other property included within the leasehold grant (S. 97, CJA; common law; equity; terms).

Order rectifying a commercial lease: Corrects the written instrument where it fails to record the parties’ continuing common intention because of a qualifying mistake (S. 96–97, CJA; equity).

2. Interpretation and Performance of the Lease

Declaration interpreting a commercial lease: Determines the meaning and legal effect of disputed lease provisions (S. 97, CJA; CTA; common law; terms).

Declaration determining the permitted use of the premises: Defines the business activities or purposes authorized by the lease (S. 97, CJA; common law; terms).

Declaration determining exclusivity or prohibited-use rights: Establishes whether the landlord must prevent competing or prohibited activities within the property or development (S. 97, CJA; common law; equity; terms).

Declaration determining rights to parking, storage, signage, access, or common areas: Defines the tenant’s contractual and leasehold rights relating to associated facilities and areas (S. 97, CJA; common law; equity; terms).

Declaration determining responsibility for utilities, taxes, insurance, operating costs, maintenance, or repairs: Allocates the parties’ financial and performance obligations under the lease (S. 97, CJA; common law; terms).

Declaration that a party has or has not complied with the lease: Determines whether the landlord or tenant performed an identified lease obligation (S. 97, CJA; common law; terms).

Order specifically enforcing a lease obligation: Requires performance of an enforceable obligation where damages would not provide an adequate remedy (S. 96, 99, CJA; common law; equity; terms).

Injunction restraining a breach of the lease: Prohibits conduct that contravenes an enforceable lease obligation and threatens continuing or irreparable harm (S. 96, 101, CJA; R. 40; common law; equity; terms).

3. Rent, Additional Rent, and Operating Costs

Declaration determining the rent payable under the lease: Establishes the base rent, percentage rent, additional rent, escalation, or other recurring amounts properly payable (S. 97, CJA; CTA; common law; terms).

Declaration determining whether an amount constitutes additional rent: Determines whether taxes, utilities, insurance, maintenance, repair costs, interest, or other charges are recoverable as additional rent under the lease (S. 97, CJA; common law; terms).

Declaration determining the validity of a rent increase or adjustment: Determines whether a disputed increase or calculation complies with the lease (S. 97, CJA; common law; terms).

Order requiring an accounting of operating costs or additional rent: Requires the landlord to disclose and account for expenses charged to the tenant under the lease (S. 122, CJA; common law; equity; terms).

Order disallowing improperly charged rent or expenses: Removes amounts not authorized by the lease or not properly calculated, allocated, or incurred (S. 122, CJA; common law; equity; terms).

Judgment for unpaid rent or additional rent: Awards amounts that became due and remain unpaid under the lease (S. 18–19, CTA; common law; terms).

Judgment requiring repayment of rent or charges overpaid by the tenant: Requires the landlord to return amounts collected without contractual or legal entitlement (common law; equity; restitution; terms).

Order for abatement of rent: Reduces rent to reflect a qualifying deprivation of the premises, services, access, or benefit promised under the lease where that remedy is legally available (common law; equity; terms).

4. Assignment, Subletting, and Transfers

Declaration that an assignment of the lease is valid or invalid: Determines whether the tenant validly transferred its leasehold interest to another person (S. 97, CJA; CTA; common law; equity; terms).

Declaration that a sublease is valid or invalid: Determines whether the tenant validly granted a subordinate leasehold interest in the premises (S. 97, CJA; CTA; common law; equity; terms).

Declaration determining whether the landlord’s consent is required: Determines whether an assignment, sublease, change of control, transfer, or occupancy arrangement requires landlord approval under the lease (S. 97, CJA; common law; terms).

Declaration that consent was unreasonably withheld: Determines that the landlord refused consent contrary to the applicable lease provision or statutory obligation (S. 23, CTA; S. 97, CJA; common law; terms).

Order authorizing an assignment or sublease: Permits the proposed transaction where the governing lease or statute authorizes the court to grant that relief (S. 23, CTA; S. 96–97, CJA; equity; terms).

Order requiring the landlord to provide consent: Requires consent to an assignment or sublease where withholding consent is contractually or statutorily impermissible (S. 23, CTA; S. 96, CJA; equity; terms).

Declaration determining continuing liability after an assignment: Determines whether the original tenant, assignee, indemnifier, or guarantor remains liable for obligations under the lease (S. 97, CJA; common law; equity; terms).

5. Renewal, Extension, and Purchase Options

Declaration that a renewal or extension option was validly exercised: Confirms that the tenant complied with the requirements necessary to continue the lease for an additional term (S. 97, CJA; common law; equity; terms).

Declaration that a renewal or extension option was not validly exercised: Determines that the tenant failed to satisfy a condition necessary to continue the lease (S. 97, CJA; common law; equity; terms).

Declaration determining the terms of a renewed lease: Establishes the rent, duration, and other terms applicable during the renewal period (S. 97, CJA; common law; equity; terms).

Order specifically enforcing a renewal or extension option: Requires the landlord to recognize or complete a renewal validly exercised by the tenant (S. 96, 99, CJA; common law; equity; terms).

Order granting relief from forfeiture arising from a defective or late exercise of a renewal option: Preserves the renewal in the limited circumstances in which equitable relief is available (S. 20, CTA; S. 98, CJA; equity).

Declaration that a purchase option or right of first refusal was validly exercised: Confirms that the tenant acquired the right to purchase the property by complying with the option or right (S. 97, CJA; common law; equity; terms).

Order specifically enforcing a purchase option or right of first refusal: Requires the property to be conveyed according to an enforceable purchase right contained in or associated with the lease (S. 96, 99–100, CJA; common law; equity; terms).

6. Breach, Termination, and Forfeiture

Declaration that the landlord or tenant breached the lease: Determines that a party failed to perform an enforceable lease obligation (S. 97, CJA; CTA; common law; terms).

Declaration that no breach of the lease occurred: Determines that the challenged conduct complied with the lease or did not amount to an actionable breach (S. 97, CJA; common law; terms).

Declaration that a breach was or was not remedied: Determines whether the defaulting party cured the breach within the required period or in the required manner (S. 97, CJA; CTA; common law; equity; terms).

Declaration that a notice of default or termination is valid or invalid: Determines whether the notice satisfies the lease and applicable statutory requirements (S. 19, CTA; S. 97, CJA; common law; terms).

Declaration that the lease was validly terminated: Confirms that the lease ended through notice, re-entry, surrender, repudiation, expiry, or another legally effective means (S. 97, CJA; CTA; common law; equity; terms).

Declaration that a purported termination was invalid: Determines that the landlord or tenant failed to satisfy the contractual, statutory, or common-law requirements necessary to terminate the lease (S. 97, CJA; CTA; common law; equity; terms).

Declaration that the landlord validly exercised a right of re-entry or forfeiture: Confirms that the landlord lawfully terminated the tenancy and recovered the premises following a qualifying breach (S. 18–20, CTA; S. 97, CJA; common law; terms).

Declaration that a re-entry or forfeiture was unlawful: Determines that the landlord lacked a present right to terminate or failed to comply with the requirements governing forfeiture (S. 18–20, CTA; S. 97, CJA; common law; equity).

Injunction restraining threatened termination or re-entry: Preserves the lease pending determination where the threatened enforcement may be unlawful and the requirements for injunctive relief are satisfied (S. 101, CJA; R. 40; S. 20, CTA; equity).

7. Relief from Forfeiture

Order granting relief from forfeiture: Restores or continues a commercial lease despite a breach or re-entry, subject to the tenant satisfying the terms imposed by the court (S. 20, CTA; S. 98, CJA; equity).

Order restoring possession to the tenant following relief from forfeiture: Returns the tenant to the premises after setting aside or relieving against the landlord’s forfeiture (S. 20, CTA; S. 98, CJA; equity).

Order setting aside the landlord’s re-entry: Reverses the landlord’s recovery of the premises where relief from forfeiture is granted or the re-entry was unlawful (S. 20, CTA; S. 98, CJA; equity).

Order imposing payment or performance conditions on relief from forfeiture: Requires payment of arrears, interest, costs, repair expenses, or compliance with other lease obligations as a condition of restoring the tenancy (S. 20, CTA; S. 98, CJA; equity).

Order granting additional time to cure a breach: Gives the tenant a reasonable opportunity to bring the lease into compliance as a condition of relief from forfeiture (S. 20, CTA; S. 98, CJA; equity).

Order granting relief from forfeiture to a subtenant or other interested person: Protects a qualifying subordinate leasehold or other interest affected by termination of the head lease (S. 21, CTA; S. 98, CJA; equity).

8. Possession, Surrender, and Overholding

Order granting possession of the premises to the landlord: Requires possession to be delivered following expiry, valid termination, forfeiture, or another established entitlement (S. 18–20, CTA; common law; equity; terms).

Order requiring the tenant or occupant to deliver vacant possession: Requires the premises to be surrendered free of occupants and other impediments inconsistent with the landlord’s right to possession (CTA; common law; equity; terms).

Order restoring possession to a tenant wrongfully excluded from the premises: Returns possession where the landlord unlawfully changed locks, re-entered, terminated, or otherwise dispossessed the tenant (S. 96, 101, CJA; CTA; common law; equity; terms).

Declaration that a tenant surrendered the lease: Determines that the tenancy ended through an express or legally implied surrender accepted by the landlord (S. 97, CJA; common law; equity; terms).

Declaration that no surrender occurred: Determines that the parties’ words or conduct did not terminate the lease by surrender (S. 97, CJA; common law; equity; terms).

Declaration determining the legal nature of an overholding tenancy: Determines whether continued occupation created a tenancy at will, tenancy at sufferance, periodic tenancy, or other legal relationship (S. 97, CJA; CTA; common law; terms).

Order requiring an overholding tenant to vacate: Requires a tenant remaining after expiry or termination without a continuing right of occupation to surrender the premises (CTA; common law; equity; terms).

Judgment for occupation rent or use and occupation: Awards the reasonable or contractually stipulated amount payable for continued occupation after the lease ended (S. 57–58, CTA; common law; terms).

Judgment for double rent for wilful overholding: Awards the statutory amount where the requirements for double rent following a written demand for possession are satisfied (S. 58, CTA).

9. Repairs, Maintenance, Alterations, and Restoration

Declaration determining responsibility for repairs or maintenance: Allocates the landlord’s and tenant’s obligations concerning the premises, building systems, structure, common areas, or other property (S. 97, CJA; common law; terms).

Declaration determining whether an alteration or improvement is authorized: Determines whether proposed or completed work complies with the lease and any applicable consent requirement (S. 97, CJA; common law; terms).

Order requiring the landlord or tenant to perform repairs: Requires performance of an enforceable repair obligation where damages would not provide an adequate remedy (S. 96, 101, CJA; common law; equity; terms).

Order requiring removal of unauthorized alterations or improvements: Requires the tenant to remove work completed without the consent or authority required by the lease (S. 96, 101, CJA; common law; equity; terms).

Order requiring restoration of the premises: Requires the tenant to repair damage, remove property, or restore the premises to the condition required upon surrender (S. 96, 101, CJA; common law; equity; terms).

Judgment for repair or restoration costs: Awards the reasonable cost of performing work for which the other party is legally responsible (common law; terms).

Declaration determining ownership of fixtures or improvements: Determines whether identified property forms part of the premises or remains a trade fixture or other property removable by the tenant (S. 97, CJA; common law; equity; terms).

Order permitting removal of trade fixtures: Allows the tenant to remove qualifying fixtures within the period and subject to the restoration obligations recognized by law or the lease (S. 96–97, CJA; common law; equity; terms).

10. Quiet Enjoyment, Access, and Interference

Declaration that the landlord breached the covenant of quiet enjoyment: Determines that the landlord or a person claiming through it substantially interfered with the tenant’s lawful possession or use of the premises (S. 97, CJA; CLPA; common law; terms).

Declaration that the tenant was constructively evicted: Determines that the landlord’s sufficiently serious interference or breach effectively deprived the tenant of the premises and entitled the tenant to treat the lease as terminated (S. 97, CJA; common law; equity; terms).

Injunction restraining interference with the tenant’s possession or business: Prohibits conduct materially interfering with access, services, utilities, signage, parking, common areas, or lawful use of the premises (S. 96, 101, CJA; common law; equity; terms).

Order restoring access, services, or utilities: Requires the landlord to restore an essential feature of the leasehold benefit that was wrongfully withdrawn or interrupted (S. 96, 101, CJA; common law; equity; terms).

Order regulating the landlord’s access to the premises: Establishes conditions governing entry for inspection, repair, showing, or another purpose authorized by the lease (S. 96, 101, CJA; common law; equity; terms).

Judgment for damages for breach of quiet enjoyment: Compensates the tenant for proven loss caused by substantial interference with possession or use of the premises (common law; terms).

Judgment for business interruption or consequential losses: Compensates for reasonably foreseeable losses caused by the landlord’s actionable interference or breach (common law; terms).

11. Distress and Tenant Property

Declaration that a landlord’s distress was valid or invalid: Determines whether the landlord lawfully seized tenant goods to recover qualifying rent arrears (S. 27–53, CTA; S. 97, CJA; common law).

Injunction restraining an unlawful or threatened distress: Prevents the landlord from seizing or selling goods where the statutory right of distress is unavailable or is being exercised unlawfully (S. 27–53, CTA; S. 101, CJA; equity).

Order requiring return of wrongfully seized goods: Requires the landlord to restore property taken through an unlawful distress (S. 27–53, CTA; common law; equity).

Declaration that identified goods are exempt from distress: Determines that the goods belong to a protected third party or otherwise fall outside the landlord’s lawful right of seizure (S. 27–53, CTA; common law; terms).

Order releasing a subtenant’s goods from distress: Protects qualifying goods after the subtenant complies with the statutory requirements for avoiding seizure (S. 32, CTA).

Judgment for damages for illegal or irregular distress: Compensates the tenant or owner of the goods for proven loss caused by an unlawful or improperly conducted seizure or sale (S. 27–53, CTA; common law).

Judgment for double the value of goods fraudulently removed to avoid distress: Awards the statutory measure against a person liable for fraudulently or clandestinely removing or assisting in removing goods to defeat the landlord’s remedy (S. 48–50, CTA).

12. Landlord and Tenant Monetary Remedies

Judgment for damages for the landlord’s breach of the lease: Compensates the tenant for proven losses caused by the landlord’s failure to perform an enforceable obligation (common law; terms).

Judgment for damages for the tenant’s breach of the lease: Compensates the landlord for proven losses caused by the tenant’s failure to perform an enforceable obligation (common law; terms).

Judgment for accrued rent after the landlord elects to keep the lease in force: Awards rent becoming due while the landlord affirms the lease and preserves the landlord-and-tenant relationship (common law; terms).

Judgment for losses after termination of the lease: Compensates the landlord for rent arrears and other losses accrued to the date of termination (common law; terms).

Judgment for prospective damages following termination: Compensates the landlord for the present value of rent and other losses expected over the unexpired term where the landlord terminated the lease and gave the notice required to preserve that remedy (common law; terms).

Judgment for damages following reletting on the tenant’s account: Awards the shortfall and proper expenses arising where the landlord retakes possession and relets the premises on behalf of the tenant without terminating the lease (common law; terms).

Judgment for mitigation and reletting expenses: Awards reasonable brokerage fees, inducements, repair costs, and other expenses properly incurred to mitigate the losses caused by the tenant’s breach (common law; terms).

Judgment enforcing an indemnity or lease guarantee: Requires an indemnifier or guarantor to satisfy obligations arising under an enforceable indemnity or guarantee connected with the lease (common law; equity; terms).

Judgment for restitution or unjust enrichment: Requires restoration of a benefit unjustly retained where the requirements of restitution are established and the lease does not govern the matter (common law; equity).

Judgment for punitive damages: Punishes and denounces malicious, oppressive, or high-handed conduct connected with the lease dispute where compensatory relief is insufficient (common law).

1. Condominium Property, Units, and Common Elements

Declaration determining the boundaries of a condominium unit: Establishes the physical extent of the unit by interpreting the registered declaration, description, plans, and applicable statutory provisions (S. 97, CJA; S. 7–11, CA; common law; terms).

Declaration determining whether property forms part of a unit or the common elements: Determines whether an identified wall, window, door, balcony, pipe, parking area, locker, fixture, or other component belongs to the unit or forms part of the common elements (S. 97, CJA; S. 7–11, CA; terms).

Declaration determining rights in exclusive-use common elements: Defines an owner’s rights and the corporation’s continuing ownership and authority over common elements designated for one or more owners’ exclusive use (S. 97, CJA; CA; terms).

Declaration determining an owner’s common interest: Establishes the owner’s proportionate undivided interest in the common elements and its relationship to ownership of the unit (S. 97, CJA; CA; terms).

Declaration determining ownership of an improvement or installation: Determines whether an alteration, fixture, equipment, or improvement belongs to an owner or the condominium corporation (S. 97, CJA; common law; equity; terms).

Order amending the condominium declaration or description: Corrects an error or inconsistency in the registered declaration or description where the statutory requirements are satisfied (S. 109, CA).

Order directing registration of an amendment to the declaration or description: Gives land-registration effect to a court-ordered amendment concerning the units, common elements, interests, or other condominium property (S. 109, CA; LTA; RA).

2. Declaration, By-laws, Rules, and Agreements

Declaration interpreting the condominium declaration: Determines the meaning and legal effect of a provision governing the units, common elements, ownership interests, expenses, use, or operation of the corporation (S. 97, CJA; CA; terms).

Declaration interpreting a condominium by-law or rule: Determines the meaning and application of a by-law or rule where the dispute falls within the court’s jurisdiction (S. 97, CJA; CA; terms).

Declaration that a condominium by-law or rule is valid or invalid: Determines whether the by-law or rule was properly enacted and satisfies the statutory requirements of reasonableness, consistency, and lawful purpose (S. 56, 58, CA; S. 97, CJA).

Declaration that an amendment to a declaration, by-law, or rule is valid or invalid: Determines whether the amendment was authorized, approved, enacted, and registered or circulated as required (S. 56–58, 107, CA; S. 97, CJA).

Declaration determining priority between the Act and condominium governing documents: Determines whether a declaration, by-law, rule, or agreement is ineffective because it conflicts with the Condominium Act, 1998 or another higher-ranking governing document (S. 7, 56, 58, CA; S. 97, CJA).

Declaration determining rights and obligations under an agreement with the corporation: Interprets and enforces a qualifying alteration, shared-facilities, reciprocal, maintenance, indemnity, or other agreement affecting condominium property (S. 97, CJA; CA; common law; equity; terms).

3. Meetings, Elections, and Board Governance

Declaration that an owners’ meeting was validly or invalidly called or conducted: Determines whether the meeting complied with statutory and governing-document requirements concerning notice, quorum, voting, proxies, and procedure (S. 45–52, CA; S. 97, CJA).

Declaration that an election or removal of directors is valid or invalid: Determines whether directors were properly elected or removed in accordance with the Act and governing documents (S. 28–34, 46, CA; S. 97, CJA).

Order requiring the corporation to call or hold an owners’ meeting: Compels a meeting where the board or corporation has failed to perform a statutory or enforceable obligation to convene one (S. 45–46, CA; S. 96, 101, CJA).

Order requiring a new meeting or election: Requires owners to reconsider business or elect directors through a process complying with the Act and governing documents (S. 28–34, 45–52, CA; S. 96, 101, CJA).

Order setting aside or restraining implementation of a board decision: Prevents or reverses a decision that is unauthorized, contrary to the Act or governing documents, or oppressive within the meaning of the Act (S. 37, 134–135, CA; S. 96, 101, CJA).

Order requiring the board or corporation to perform a statutory duty: Compels the corporation or its directors to carry out an obligation imposed by the Act, declaration, by-laws, or an enforceable agreement (S. 37, 119, 134–135, CA).

4. Inspector and Administrator

Order appointing an inspector: Authorizes an independent person to investigate and report on specified affairs of the condominium corporation where the statutory requirements are satisfied (S. 130, CA).

Order defining the inspector’s powers and scope of investigation: Identifies the transactions, records, conduct, finances, governance matters, or other corporate affairs the inspector may examine (S. 130, CA).

Order requiring cooperation with a court-appointed inspector: Compels directors, officers, managers, owners, or other persons to provide access, documents, information, or assistance required for the investigation (S. 130, CA).

Order allocating the costs of an inspection: Determines responsibility for the inspector’s remuneration, expenses, and related costs (S. 130, CA).

Order appointing an administrator: Transfers some or all of the board’s powers and duties to a court-appointed administrator where appointment is just or convenient, having regard to the Act and the owners’ best interests (S. 131, CA).

Order defining or expanding the administrator’s powers and duties: Determines the corporate, financial, repair, assessment, governance, or other functions the administrator may exercise (S. 131, CA).

Order restricting or suspending the board’s authority during administration: Prevents the board from exercising powers transferred to the administrator (S. 131, CA).

Order varying the administrator’s appointment: Changes the administrator’s powers, duties, reporting requirements, remuneration, or term as circumstances require (S. 131, CA).

Order terminating the administrator’s appointment: Restores self-governance when administration is no longer necessary or in the owners’ best interests (S. 131, CA).

5. Compliance Orders

Declaration that a person has failed to comply with the Act or governing documents: Determines that an owner, occupier, corporation, declarant, director, officer, or other person bound by the Act contravened an enforceable obligation (S. 119, 134, CA).

Declaration that no statutory or governing-document contravention occurred: Determines that the challenged conduct complied with the applicable obligation or did not amount to an actionable breach (S. 97, CJA; S. 119, 134, CA).

Order requiring compliance with the Act, declaration, by-laws, rules, or agreement: Directs a person to perform or cease conduct necessary to comply with an enforceable condominium obligation where the court has jurisdiction (S. 119, 134, CA).

Order restraining a continuing or threatened contravention: Prohibits conduct that contravenes or threatens to contravene the Act or an enforceable governing document (S. 134, CA; S. 101, CJA).

Order requiring removal of an unauthorized alteration, installation, or obstruction: Requires a person to remove work or property maintained contrary to the Act, declaration, by-laws, rules, or an enforceable agreement (S. 98, 119, 134, CA).

Order requiring restoration or repair following non-compliance: Requires the responsible person to restore damaged or altered condominium property to the legally required condition (S. 90–92, 98, 119, 134, CA).

Order requiring access to a unit or common elements: Permits access for inspection, maintenance, repair, compliance, or another purpose authorized by the Act or governing documents (S. 19, 92, 119, 134, CA).

Order requiring an owner to take reasonable steps to secure an occupier’s compliance: Compels an owner to perform the statutory obligation to cause a tenant or other occupier of the unit to comply (S. 119, 134, CA).

Order terminating a tenancy following breach of a compliance order: Terminates the tenancy in the exceptional circumstances prescribed by the Act after the tenant contravenes an existing court order (S. 134, CA).

Order awarding damages caused by non-compliance: Compensates the applicant for proven loss resulting from a contravention of the Act or governing documents (S. 134, CA).

Order adding a corporation’s damages, costs, or additional actual costs to an owner’s common expenses: Makes qualifying enforcement amounts recoverable from the unit owner as common expenses (S. 134, CA).

6. Oppression

Declaration that conduct is oppressive, unfairly prejudicial, or unfairly disregards the applicant’s interests: Determines that the conduct or threatened conduct violates the applicant’s reasonable expectations in a manner engaging the statutory oppression remedy (S. 135, CA).

Order prohibiting oppressive or unfairly prejudicial conduct: Prevents the owner, corporation, declarant, or mortgagee from continuing or carrying out the impugned conduct (S. 135, CA).

Order requiring conduct necessary to rectify oppression: Compels affirmative steps required to correct the oppressive, unfairly prejudicial, or unfairly disregarding treatment (S. 135, CA).

Order setting aside or varying an oppressive board decision: Reverses or modifies a decision falling outside the range of reasonable and lawful condominium governance (S. 135, CA).

Order requiring consistent or non-discriminatory treatment: Requires the corporation to address comparable owners, units, alterations, expenses, or enforcement matters in a fair and legally consistent manner (S. 135, CA).

Order requiring reconsideration of a decision: Directs the board or corporation to reconsider the matter through a fair process consistent with the Act and the applicant’s reasonable expectations (S. 135, CA).

Order requiring payment of compensation: Compensates the applicant for proven loss caused by oppressive, unfairly prejudicial, or unfairly disregarding conduct (S. 135, CA).

Order requiring repayment or reversal of an oppressive charge: Requires the corporation or another respondent to reverse or repay an amount imposed or collected through oppressive conduct (S. 135, CA).

Order imposing governance or procedural safeguards: Establishes reporting, consultation, decision-making, voting, disclosure, or other requirements necessary to rectify the oppression (S. 135, CA).

7. Common Expenses, Assessments, and Condominium Liens

Declaration determining an owner’s common-expense obligation: Establishes the amount or proportion the owner must contribute under the declaration and the Act (S. 84, CA; S. 97, CJA; terms).

Declaration that a common-expense assessment or special assessment is valid or invalid: Determines whether the corporation had authority to levy the assessment and calculated or allocated it properly (S. 84, CA; S. 97, CJA).

Declaration determining the validity of a chargeback: Determines whether repair, damage, insurance-deductible, compliance, legal, or other costs may lawfully be added to an owner’s common expenses (S. 84, 89–92, 105, 134, CA).

Judgment for unpaid common expenses: Awards common expenses, interest, and other amounts properly owing by the owner (S. 84–85, CA).

Declaration that a condominium lien is valid and enforceable: Confirms that the corporation preserved and registered a lien securing qualifying common expenses, interest, legal costs, and collection expenses (S. 85, CA; S. 97, CJA).

Declaration that a condominium lien is invalid, expired, or excessive: Determines that the lien was not properly preserved, includes unauthorized amounts, or is otherwise unenforceable in whole or in part (S. 85, CA; S. 97, CJA).

Declaration determining the priority of a condominium lien: Establishes the lien’s ranking relative to mortgages, executions, and other interests affecting the unit (S. 86, CA; LTA; RA).

Order reducing or vacating a condominium lien: Removes unauthorized amounts or discharges an invalid, expired, satisfied, or unenforceable lien (S. 85–86, CA; LTA; RA; S. 100, CJA).

Order requiring discharge of a satisfied condominium lien: Requires the corporation to register a discharge after payment or satisfaction of the secured amounts (S. 85, CA; LTA; RA).

Order enforcing a condominium lien by sale: Directs or permits enforcement of the lien against the unit in the same manner as mortgage security, subject to the applicable requirements (S. 85, CA; R. 64; MA).

Order distributing proceeds from enforcement of a condominium lien: Directs payment among the corporation, mortgagees, owner, and other interested persons according to their established priorities (S. 85–86, CA; R. 64; equity).

8. Maintenance, Repair, Alterations, Damage, and Insurance

Declaration determining responsibility for maintenance or repair: Allocates responsibility between the corporation and owner for a unit, common elements, exclusive-use common elements, or particular building components (S. 89–92, CA; S. 97, CJA; terms).

Order requiring the corporation or owner to perform maintenance or repairs: Compels performance of a statutory or governing-document obligation necessary to preserve or restore condominium property (S. 89–92, 119, 134–135, CA).

Declaration determining whether a proposed change constitutes an addition, alteration, or improvement: Determines whether work affecting the common elements engages the statutory approval and agreement requirements (S. 97–98, CA; S. 97, CJA).

Declaration that an alteration to the common elements is authorized or unauthorized: Determines whether the required board approval, owner approval, agreement, and registration requirements were satisfied (S. 97–98, CA).

Order requiring execution or registration of an alteration agreement: Requires the parties to complete and register the agreement necessary to govern an authorized alteration to the common elements (S. 98, CA; S. 100, CJA).

Order requiring removal or restoration of an unauthorized alteration: Requires the owner to remove unapproved work and restore the affected common elements (S. 98, 119, 134, CA).

Declaration determining responsibility for damage to a unit or common elements: Determines whether the corporation, owner, occupier, contractor, or another person bears responsibility for the damage and resulting loss (S. 89–92, 105, CA; common law; terms).

Declaration determining responsibility for an insurance deductible: Allocates a deductible according to the Act, declaration, by-laws, and circumstances giving rise to the insured loss (S. 105, CA; terms).

Order requiring application of insurance proceeds to repair or replacement: Directs the corporation or another person to use insurance proceeds for the purpose required by the Act or governing documents (S. 99–106, CA).

Judgment for repair, restoration, or replacement costs: Awards the reasonable cost of addressing damage for which the defendant is legally responsible (CA; common law; terms).

Judgment for loss of use or consequential damage: Compensates for proven losses resulting from actionable delay, failure to repair, negligent maintenance, water penetration, fire, or other damage affecting condominium property (CA; common law; terms).

9. Status Certificates and Purchaser Disclosure

Declaration that the corporation is bound by a status certificate: Determines that the purchaser or mortgagee may rely on the certificate and that the corporation cannot assert an omitted or inconsistent claim against the unit (S. 76, CA; S. 97, CJA).

Declaration determining the legal effect of information in a status certificate: Establishes the rights and obligations arising from representations concerning common expenses, arrears, liens, litigation, insurance, reserve funds, agreements, or other prescribed matters (S. 76, CA; S. 97, CJA).

Judgment for damages arising from a materially inaccurate status certificate: Compensates for proven loss caused by negligent or otherwise actionable inaccurate information supplied in the certificate (S. 76, CA; common law).

Declaration that a pre-construction condominium purchase agreement is not binding: Determines that the declarant failed to deliver the disclosure statement, condominium guide, executed agreement, or other material required before the purchaser became bound (S. 72–73, CA).

Declaration that a purchaser validly rescinded a condominium purchase agreement: Confirms that the purchaser exercised a statutory rescission right within the applicable period (S. 73–74, CA).

Declaration determining whether a material change occurred: Determines whether a change to the disclosed information was sufficiently important to engage the purchaser’s statutory rights (S. 74, CA).

Declaration that a notice of rescission is valid or invalid: Determines whether the purchaser’s notice complied with the statutory grounds, form, and timing requirements (S. 73–74, CA).

Order requiring return of a condominium purchase deposit with interest: Requires repayment of the purchaser’s deposit following effective rescission or a determination that the agreement is not binding (S. 72–74, CA).

Judgment requiring the declarant to pay a first-year budget shortfall: Requires the declarant to compensate the corporation for a qualifying deficiency in the first-year operating or reserve-fund budget (S. 75, CA).

10. Sale and Termination of the Condominium

Order terminating the government of property under the Condominium Act: Terminates the condominium where the court concludes that termination is just and equitable, having regard to the statutory factors and owners’ interests (S. 128, CA).

Order refusing or imposing conditions on condominium termination: Preserves the condominium or establishes terms necessary to address unfairness, uncertainty, encumbrances, or competing owner interests (S. 128, CA).

Order directing the sale of condominium property: Authorizes or gives effect to a sale of part or all of the property where the statutory requirements are satisfied (S. 124–128, CA; S. 100, CJA).

Order determining the interests of owners and encumbrancers following termination: Establishes the parties’ resulting interests in the former condominium property or its proceeds (S. 128–129, CA).

Order distributing assets or sale proceeds following termination: Directs payment among owners, mortgagees, lienholders, and other interested persons according to their established entitlements (S. 129, CA).

Order terminating all leasehold interests in a leasehold condominium: Terminates the leasehold interests where the landowner establishes the statutory grounds and requirements for court-ordered termination (S. 173, CA).

Vesting order giving effect to a sale or termination: Vests the affected property in the purchaser or other entitled person and addresses interests to be preserved or removed from title (S. 100, CJA; S. 124–129, 173, CA).

11. Damages and Consequential Relief

Judgment for damages for breach of the Condominium Act or governing documents: Compensates for proven loss caused by an actionable statutory or governing-document contravention where the court has jurisdiction (S. 134–135, CA; common law; terms).

Judgment for damages caused by negligent condominium management or maintenance: Compensates for proven property damage, personal loss, or consequential loss arising from an actionable failure to exercise reasonable care (common law; terms).

Judgment for damages caused by an owner or occupier: Compensates the corporation or another affected person for damage resulting from the conduct of the owner, tenant, occupant, or persons for whom they are legally responsible (CA; common law; terms).

Order for restitution or repayment of improperly collected amounts: Requires repayment of money received without legal entitlement, including an invalid assessment or charge where restitution is available (common law; equity).

Judgment for punitive damages: Punishes and denounces malicious, oppressive, or high-handed conduct where compensatory or statutory relief is insufficient (common law; S. 135, CA).

Order directing consequential registration or amendment of title instruments: Requires the registration steps necessary to implement a judicial determination concerning the declaration, description, common interests, lien, alteration agreement, sale, or termination (CA; LTA; RA; S. 100, CJA).