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Spotlight on security documents: Assignment of Lease vs. Mortgage of Lease
  • Gowling WLG
  • Canada
  • March 28 2012

When Lenders consider their real property security options, their analysis should go beyond simply taking a mortgage from a debtor who owns real estate


For greater clarity...
  • Gowling WLG
  • 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


When can a second mortgagee sell a property in Ontario?
  • Gowling WLG
  • Canada
  • September 26 2013

A recent decision by the Ontario Court of Appeal in Business Development Bank of Canada v. Pine Tree Resorts Inc. illustrates the extent of exposure


“Such consent not to be unreasonably withheld ”
  • Gowling WLG
  • Canada, United Kingdom
  • September 29 2016

Most commercial enterprises believe that they act reasonably in conducting their business affairs and operations. However, reasonableness, like


Condo Arrears Include Legal Fees
  • Gowling WLG
  • Canada
  • April 25 2017

In a recent unreported Ottawa case, a condo owner sued his condominium to recover the legal fees charged against his unit following his failure to pay


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


New requirement in Québec for enforcement of hypothecary rights: The Sales Register
  • Gowling WLG
  • Canada
  • December 20 2015

A new register of sales under judicial authority will be set up within the next days as the Regulation Respecting the Sales Register will come into


Mortgagee sets aside mortgagor's "sweetheart deal" tenancy agreement
  • Gowling WLG
  • Canada
  • March 30 2017

Mortgagors facing mortgage enforcement proceedings frequently try to create obstacles for their mortgagees. One such obstacle is the granting of a


Applications for leave to appeal dismissed - 2 June 2016
  • Gowling WLG
  • Canada
  • June 2 2016

The three applicants (along with two other accused) were charged with offences relating to the killing of three men. Before trial, the trial judge


The doctrine of unconscionability: Can it apply to specifically negotiated terms in mortgages?
  • Gowling WLG
  • Canada
  • September 29 2016

The British Columbia Court of Appeal (“BCCA”) has recently considered whether the doctrine of unconscionability can be invoked to set aside a