(Ontario)
Let’s assume that A grants the right to B to sell his property. That right is evidenced by a Power of Attorney.
A dies, and the POS is no longer valid.
B sells A’s property to C, using the invalid POS.
On closing, this is discovered and there is no solution.
C is not obligated to close the deal. B cannot make good title. This is a matter which goes to the root of the contract. A requisition need not have been sent. The search period does not apply.
The fact that B has no title at all and not right to convey whatsoever is an example of a matter going to the “root” of title.
Brian Madigan LL.B., Broker