Ontario (Minister of National Revenue) v. Sunset Recreational Vehicles Ltd. 2003 CanLII 30337 (ON S.C.)

Curtis Jutzi, the sole director and officer of Sunset, claimed to have entered into an oral

contract with McGlynn Lumber for the sale of some land that McGlynn needed for access

to certain woodlots for $35 000. Jutzi understood they would sell the property back to

him when they were finished harvesting the trees from the adjacent lands and so retained

title. The Minister of National Revenue was a creditor of Sunset and executed an order

under the Excise Tax Act. When the Minister proceeded to sell the land, it was discovered

that McGlynn Lumber had registered their interest against the title, preventing the sale.

This action is brought by the Minister for a declaration that McGlynn Lumber has no interest in the property and should be removed from the title. McGlynn takes the position that they are the rightful owners of the property pursuant to the oral agreement. What problem does McGlynn face in arguing his position? Is there any alternative position he can put forward? Explain the likely outcome.