Ontario Barrister and Solicitor Practice Exam 2026 - Free Barrister and Solicitor Practice Questions and Study Guide

The conveyance to Jones is not valid because Smith did not have the legal right to transfer Parcel B to Jones without the bank's consent. Even though Smith did have the bank's consent to mortgage Parcel B, that does not give him the authority to then convey the property to someone else without their knowledge or consent. This would be considered a breach of his agreement with the bank and the conveyance to Jones would not have legal effect. Therefore, option B is the correct choice. Option A is incorrect because it suggests both transactions are valid, which is not the case. Option C is also incorrect because even if Jones were to obtain subsequent consent, the initial conveyance without consent would still be invalid. Lastly, option D is incorrect because the bank's approval does not determine the validity of the conveyance to Jones, as it was done without their knowledge or consent. Additionally, option D does not