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Searching Content indexed under Charges, Mortgages, Indemnities by Borden Ladner Gervais LLP ordered by Published Date Descending.
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1
Several Common Employment Agreement Provisions Violate The Securities Act
In July 2016, the Ontario Securities Commission (OSC) launched its Whistleblower Program.
Canada
20 Feb 2019
2
Federal Financial Institutions Legislative And Regulatory Reporter — August 2018
The Reporter provides a monthly summary of Canadian federal legislative and regulatory developments of relevance to federally regulated financial institutions.
Canada
28 Sep 2018
3
If You Want To Be Sure, You Should Be Prepared To Pay For It
The recent decision of the British Columbia Court of Appeal in Kokanee Mortgage M.I.C. Ltd. v. Burrell1 confirms that the general principle in law remains that disclaimers extinguish liability.
Canada
27 Jul 2018
4
Ontario Court Of Appeal Rejects Insurer's Interpretation Of Exclusion Clause In Mortgage Insurance Policy
He made a claim for his loss under a mortgage insurance policy which he purchased from Stewart Title Guaranty Company
Canada
18 Apr 2018
5
Federal Financial Institutions Legislative And Regulatory Reporter – December 2017
The Reporter provides a monthly summary of Canadian federal legislative and regulatory developments of relevance to federally regulated financial institutions.
Canada
5 Feb 2018
6
Canadian Securities Regulators Finalize New Requirements For Canadian Registrants
On July 27, 2017, the Canadian Securities Administrators (CSA) published the final version of amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations...
Canada
16 Aug 2017
7
Alberta Court Of Appeal Finds That Innocent Principal Was Bound By The Acts Of A Fraudulent Mortgage Broker
Recently, the Alberta Court of Appeal released its decision in Toronto-Dominion Bank v. Currie.
Canada
8 Jun 2017
8
TD v Konga: When Guarantors Are Guaranteed To Pay
Guarantors beware: the Court of Appeal, in The Toronto-Dominion Bank v Konga,1 held that the guarantor was required to pay in response to a demand for payment pursuant to a guarantee, even where the debtor corporation had not failed to make a payment under the loan agreement.
Canada
24 Apr 2017
9
Interest Act: When Is A Default Charge A Prohibited Penalty?
The court found that it was not sufficient for a default charge to be "related" to arrears secured by mortgage for it to be captured by the Interest Act.
Canada
31 Mar 2017
10
British Columbia Court Of Appeal Confirms Exit Fee Payable To Broker Is Not A Penalty Prohibited By The Interest Act
​Bankers Mortgage Corporation v Plaza 500 is a recent decision of the Court of Appeal for British Columbia.
Canada
7 Mar 2017
11
Supreme Court Of Canada Rules On Production Of Discharge Statements And Privacy Implications
The Supreme Court of Canada's decision in Royal Bank of Canada v. Trang, reviewed the obligations of financial institutions to preserve personal information...
Canada
25 Nov 2016
12
Updating Ontario's Financial Services And Pension Regulatory Regime
On November 14, 2016, Ontario's Finance Minister, Charles Sousa, delivered to the Provincial Legislature the 2016 Ontario Economic Outlook and Fiscal Review (the "Outlook").
Canada
19 Nov 2016
13
Ontario Court Of Appeal Confirms Mortgagee Can Apply To Set Aside A Tenancy Agreement Under Certain Circumstances
In Toronto-Dominion Bank v. Hosein, the mortgagor entered into a tenancy agreement with a third party after defaulting on her mortgage.
Canada
7 Nov 2016
14
Bank Liable For Failing To Properly Report To Credit Bureaus
A recent Alberta case highlights the need for banks to ensure that they properly report on their debtor's credit status, especially in disputed situations.
Canada
17 Aug 2016
15
When Is A Consequence A Penalty?
A recent case from the British Columbia Court of Appeal confirms that courts will be reluctant to refuse to enforce an onerous term in a contract simply because it is "unfair" to the property owner.
Canada
11 Aug 2016
16
Discretionary Mortgage Pre-Payment Penalties Enforceable - Unless Unconsionable Or Miscalculated
​In Sherry v. CIBC Mortgages Inc​., the BC Court of Appeal reversed the certification of a class action in part.
Canada
16 Jun 2016
17
A Rose By Any Other Name: SCC Rules That The Loss Of A Discounted Interest Rate Is Equivalent To The Imposition Of A Penal Interest Rate Under The Section 8 Of The Interest Act
On May 6, 2016, the Supreme Court of Canada ("SCC") released its decision in Krayzel Corporation v The Equitable Trust Company. The case was an appeal from the Alberta Court of Appeal.
Canada
1 Jun 2016
18
Edmonton Area Man Now Faces Criminal Charges In Addition To The Sanctions Ordered By The ASC
An Edmonton-area man is facing dozens of criminal charges in connection with a supposed mortgage investment operation.
Canada
16 May 2016
19
$1 Million Costs Award Protects Commercial Landlords And Mortgage Lenders
In upholding a $1 million costs award against the Crown in a decision released today, the Ontario Court of Appeal has provided significant protection to commercial landlords and mortgage lenders against forfeiture proceedings...
Canada
15 Apr 2016
20
Federal Financial Institutions Legislative And Regulatory Reporter – April 2016
The Reporter provides a monthly summary of Canadian federal legislative and regulatory developments of relevance to federally regulated financial institutions.
Canada
8 Apr 2016
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