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Results: 1-10 of 43

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


Appeals allowed - 6 May 2016
  • Gowling WLG
  • Canada
  • May 6 2016

On appeal from a judgment of the Alberta Court of Appeal (2014 ABCA 234), affirming a decision of Romaine J. (2012 ABQB 411), which set aside a


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


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


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


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


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


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