The Toronto-Dominion Bank v. The Assistance Registrar of Shipping for the Port of Toronto and Michael James O’Connor (The Corky III) - Fed.Ct. (Trial Div.) (Jerome A.C.J.) - 10 December 1992

Court orders port Register to expunge discharge of mortgage and to register bill of sale

In 1985 the respondent Michael James O’Connor, being unable to pay a loan to the plaintiff bank, surrendered an Aloha sail boat bearing the name Corky III . O’Connor had purchased the boat from one David Wilson but the transfer had not been registered. The bank arranged for the necessary documentation to complete the registration of the sale from Wilson to O’Connor. The bank’s mortgage dated 12 April 1991 was registered at the Port of Toronto on 7 June 1991.