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Ontario court revisits priorities among multiple victims of mortgage fraud
  • Gowling WLG
  • Canada
  • March 30 2017

The Ontario Divisional Court in CIBC Mortgages Inc. v. Computershare Trust Co. of Canada, recently overturned a decision which had held that, where


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


“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


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


Alberta Court of Appeal upholds decision to grant priority to creditor over owner who failed to register its interest in leased goods
  • Gowling WLG
  • Canada
  • March 30 2017

A recent decision of the Alberta Court of Appeal has highlighted the need for owners of leased goods to register their deemed security interests in


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


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


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


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