Background:

• The case involves an appeal against the Director of Titles' decision on May 3, 2023, which deleted FirstOntario's (FO) charge from the title of 200 Stinson Street, Hamilton, Ontario.
• FO Charge, registered on November 29, 2016, was mistakenly deleted on December 7, 2016.
• Carmichael sold the property to Nagra in April 2020, who secured a mortgage from Campos. The mistake was discovered in May 2022, and the charge was reinstated.

Key Events:

• August 12, 2020: Carmichael transferred the title to Nagra, and Campos registered his charge.
• The reinstatement of the FO Charge was contested, leading to the Director's decision to delete it.

Legal Arguments:

• Applicant: Sought rectification to reinstate the FO Charge, arguing Respondents had constructive notice due to title search red flags.
• Respondents: Argued for the doctrine of indefeasibility of title, protecting bona fide purchasers and mortgagees without actual notice.

Court's Analysis:

• The court emphasized the reliability of land registration, confirming Nagra and Campos as bona fide purchasers and mortgagees without actual notice.
• Constructive knowledge was deemed insufficient to affect their rights.
• The court ruled against creating exceptions for Land Registry errors beyond current legal principles.

Conclusion:

• The appeal was dismissed, upholding the deletion of the FO Charge.
• The Applicant may seek compensation from the Land Titles Assurance Fund if unable to recover losses otherwise.

Costs:

• Parties were encouraged to agree on costs or submit filings within specified timelines.