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Results: 1-10 of 55

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


Doing business in Canada
  • Gowling WLG
  • Canada
  • October 22 2014

Unlike the United States, Canada was not created by a unilateral declaration of independence from the colonial occupation of England. There was no


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


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


Protective disbursements by a mortgagee considered in Québec
  • Gowling WLG
  • Canada
  • September 30 2015

In a recent Superior Court ruling, the Honorable Lucie Fournier interpreted the concept of protective disbursements or "sue and labour" that a


Un créancier hypothécaire est en droit de réclamer des frais conservatoires au Québec
  • Gowling WLG
  • Canada
  • September 30 2015

Dans une décision récente de la Cour supérieure, l’honorable Lucie Fournier a interprété la notion de frais conservatoires qu’un créancier


Mortgage collections in British Columbia
  • Gowling WLG
  • Canada
  • October 31 2013

A mortgage is "a conveyance of property as a security for the payment of a debt or the discharge of some other obligation for which it is given


Doing business in Canada
  • Gowling WLG
  • Canada
  • September 17 2012

Unlike the United States, Canada was not created by a unilateral declaration of independence from the colonial occupation of England


Some mistakes are correctible: another look at contract rectification
  • Gowling WLG
  • Canada
  • March 26 2014

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