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Results: 1-10 of 42

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


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


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


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


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


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


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


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


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


Minister of Finance launches consultations to help businesses obtain long-term mortgages
  • Gowling WLG
  • Canada
  • August 16 2010

The Honourable Jim Flaherty, Minister of Finance, today released a consultation paper that proposes to give businesses more flexibility in negotiating mortgage terms with lenders