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Results: 1-10 of 49

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


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


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


Business Development Bank of Canada v. 9183-1164 Québec Inc.
  • Gowling WLG
  • Canada
  • September 5 2015

In a recent Superior Court ruling, the Honorable Lucie Fournier interpreted the concept of sue and labour that a mortgage lender is entitled to claim


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


Spotlight on security documents: the tenant's acknowledgementestoppel certificate (Alberta)
  • Gowling WLG
  • Canada
  • September 26 2012

Due to a lender’s reliance upon the income streams associated with real property to be used as security in a commercial mortgage financing transaction, the leases that exist upon a borrower’s property are the most important assets of that borrower next to the value of the land to be mortgaged


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


A matter of “interest” in Alberta going to the Supreme Court of Canada
  • Gowling WLG
  • Canada
  • September 30 2015

In our March 2015 issue of Fully Secured, we summarized the decision of the Alberta Court of Appeal in Lougheed Block. In that case, the Court


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