• For the purposes of execution of documents, the expression transfer does not include a transfer of mortgage. The rules that apply to the execution of transfers of mortgages are those rules applying to other documents (documents other than transfers and mortgages).
• (As always) A person who signs a document as a party or on behalf of a party cannot either:
i. Be a witness to an execution in the document; or
ii. Take an affidavit of execution in that document.
• By signing as witness to a signature, the party so doing is representing that:
a. Either:
i. The person whose signature they have witnessed is personally known to them; or
ii. The identity of the person whose signature they have witnessed has been proven to them.
b. The person whose signature they have witnessed has acknowledged that he or she:
i. Is the person named in the instrument;
ii. Has attained the age of majority; and
iii. Has the authority to execute the instrument.