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Amendments to registered interests: who comes out on top?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • February 26 2015

To what extent can a subsequent lender rely on the explicit terms of prior registered interests? The recent decision by the Alberta Court of Queen's

Ontario subsequent mortgagee loses priority for fraudulent prior discharge

  • Dentons
  • -
  • Canada
  • -
  • February 19 2015

In CIBC Mortgages Inc. v. Computershare Trust Co. of Canada, the Ontario Superior Court of Justice considered applications from competing

Mortgage fraud lenders beware

  • Macdonald Sager Manis LLP
  • -
  • Canada
  • -
  • February 13 2015

In the recent decision of CIBC Mortgages Inc. v. Computershare Trust Co. of Canada, Justice Murray of the Ontario Superior Court of Justice decided a

Ontario Court of Appeal rules on production of discharge statements

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 15 2014

The Court of Appeal's recent decision in Royal Bank of Canada v. Trang, 2014 ONCA 883 ("Trang") has important implications for judgment

Bare trusts and beneficial owners' agreements in commercial real estate financings

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • September 25 2014

Separation of legal and beneficial ownership of real property is common in the commercial real estate context and a lender must take certain steps to

Purchasers’ liens remain an uncommon remedy

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • July 8 2014

Earlier this year, we discussed the decision of the BC Supreme Court in Pan Canadian Mortgage Group v. 679972 B.C. Ltd. in our publication Real

For greater clarity...

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • March 27 2014

You have probably seen the words, "for greater clarity", hundreds of times in loan and security documents, and wondered if they were really necessary

Some mistakes are correctible: another look at contract rectification

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • March 26 2014

It goes without saying that parties should never enter into contractual relations loosely, assuming that mistakes can easily be corrected

The Mortgage Investment Corporation - an alternative lender

  • McMillan LLP
  • -
  • Canada
  • -
  • March 24 2014

In 1973, the federal government introduced measures aimed at stimulating investments in residential mortgages by the private sector. One of those was

Lean times may call for lien measures what you need to know about miners’ liens in northern Canada

  • Dentons
  • -
  • Canada
  • -
  • March 13 2014

Given the present economic climate of falling metal prices and depressed equity markets for mining companies, many owners and operators of mines are