THE ADVOCATE 351
VOL. 80 PART 3 MAY 2022
ferent result in the MacLeod case? I doubt it, as the donor had still not done
everything required to be done to complete the gift. The donee could never
have registered the Form A without the duplicate indefeasible title (as it is
called in this province). I think that the duplicate indefeasible title may be
viewed by a B.C. court as being as essential as a Form A in the making of an
inter vivos gift of land in this province (unless, perhaps, the duplicate indefeasible
title has been lost, an apparently common misfortune). I note, however,
that a B.C. court may, notwithstanding the “missing duplicate
indefeasible title”, rely on s. 20 and find there is a completed gift, and order
production of the duplicate indefeasible title.
ALTERNATIVES TO FORM A
Can you make an effective inter vivos gift of land using a document other than
a Form A? Section 185 of the LTA permits an alternative “if, in the opinion of
the registrar, it would be proper to accept another form of transfer”.11 What if
A decided to make a gift of Terra to B but did not want to use a lawyer? A executes
a deed drafted by A, provides for B as the donee, and seals the deed,
understanding the legal effect of a seal, with the clear intention of giving the
deed to B the next time they meet. A dies a few weeks later with the deed in
A’s desk. Given that A is not alive to execute a Form A, it would seem reasonable
for the registrar to consider accepting the deed for registration. I note the
deed would not be in electronic format, which is the format that the registrar
requires for this type of document. However, under s. 168.2(2) of the LTA, an
exception could be made where “a registrar decides that it is appropriate in
the circumstances to accept the document”.12
The mere fact that A had the deed in A’s possession does not mean that
the gift was incomplete. In Ross v. Ross,13 one of my favourite cases, Charlotte
Lynds executed a deed of land in favour of her beloved grandson, Donald
Ross (apparently not so beloved by others in the family). The deed was
witnessed by the legal secretary to the lawyer who prepared the deed.
When asked if she wished the deed to be recorded, Charlotte Lynds said,
“No, I can do that myself, dear” and then folded the deed and put it in her
purse. The first time I read the case I thought I knew the result as soon as
Mrs. Lynds put the deed in her purse: there was no effective gift. When I
was a child, my mother’s purse was sacrosanct.14 If I got within a few feet of
the purse, the vigilant eye would immediately catch the movement. I never
went in (or near) the purse. Today, if my mother asked me to get something
from her purse (which she would not do), I would be unable to do it. I would
have to pass the purse to her.
However, the Nova Scotia Supreme Court followed a line of cases that
hold that sealing and retention of the deed do not make the execution defec-