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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


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


“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


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


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


Applications for leave to appeal dismissed - 29 September 2016
  • Gowling WLG
  • Canada
  • September 29 2016

The parties entered into a trust agreement under which Mr. Clapci loaned Mr. Daum’s numbered company money to pay out a mortgage on a hotel property


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


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


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


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