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Searching Content indexed under Charges, Mortgages, Indemnities by McInnes Cooper ordered by Published Date Descending.
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Supreme Court Of Canada Warms Judgment Creditors: Implied Consent Is Enough To Disclose Discharge Statement In Royal Bank Of Canada v. Trang
On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor's implied consent to disclose its discharge statement to the mortgagor's judgment creditor.
Canada
23 Nov 2016
2
NB Court Of Appeal Clarifies Mortgage Lenders' Rights On Default In Keough v. Sandfire Capital Limited Partnership: 5 Steps For NB Mortgage Lenders To Consider
The New Brunswick Court of Appeal clarified the province's statutory regime governing both the exercise of a lender's rights when a borrower defaults on a mortgage and the calculation of the lender's damages in a subsequent deficiency action.
Canada
27 Sep 2016
3
Common Ground: Retail & Commercial Condominium Financing
The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding.
Canada
2 Aug 2016
4
A Penalty By Any Other Name – Supreme Court Of Canada Says Interest Rate Increase Triggered By Default, Whatever It's Called, Infringes The Interest Act In Krayzel Corp. V. Equitable Trust Co.
In Krayzel Corp. v. Equitable Trust Co. The mortgagor granted the lender a mortgage at an interest rate of prime plus 2.875% per annum to secure a $27M loan. The parties subsequently entered two mortgage renewal agreements.
Canada
10 May 2016
5
PE Court Of Appeal Says "Knowledge" Not "Notice" Of Lien Sufficient For Priority Over Subsequent Mortgage
On July 9, 2014, the Prince Edward Island Court of Appeal released its much awaited decision in BMO v. 100875 P.E.I. Inc. The decision will have a significant impact on PE’s construction industry and its financiers going forward
Canada
28 Oct 2014
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