Fredette v. The Queen, 2001 DTC 621 (TCC) -- summary under Ownership

A partnership was entitled to claim capital cost allowance in respect of a rental property notwithstanding that the transfer to it of the property had not been registered at the Registry Office. Although article 2098 of the Civil Code of Lower Canada provided that "in default of such registration, the title of conveyance cannot be invoked against any third party who has purchased the same property from the same vendor for a valuable consideration and whose title is registered", it was clear that the Minister is not a third party within the meaning of this article.