Can a former owner of a property who was transferred to a new assignee be allowed to attend the transaction jointly with the assignee's clerk or agent?

Ontario, Canada


The following excerpt is from Kinloch v. Scribner, 1883 CanLII 9 (ON CA):

The bona fides of the sale, and the question whether there has been an immediate delivery and an actual and continued change of possession, are questions of fact, and must be determined by the circumstances given in evidence in each case. In Maulson v. The Commercial Bank, 17 U.C.R. 30, it was held that allowing the former owner of the goods to give his attendance and assistance in the business jointly with the clerk or agent of the assignee did not, as matter of law, render the transfer void.

In Carscallen v. Moodie et al, 15 U.C.R. 92, it does not appear that there was any actual delivery of the goods to the assignee. There appears to have been nothing more than the execution of the deed which embraced both lands and chattels, and the case is of no further importance than shewing that upon the facts there, which are totally unlike those in the present case, there was not sufficient evidence to warrant the jury in finding there was an actual change of possession.

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