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REDMA: considerations for lenders
  • McCarthy Tétrault LLP
  • Canada
  • February 3 2014

Lenders should be more aware of the sweeping effects of the British Columbia Real Estate Development Marketing Act (REDMA). Compliance by developers


Lenders are not law enforcement officers the British Columbia Supreme Court determines the scope of reasonable care under section 20(4)(b) of CDSA
  • McMillan LLP
  • Canada
  • January 17 2014

British Columbia's (in)famous reputation for its marijuana industry continues to generate interesting legal precedent. The recent case of R v Nguyen


Purchasers’ liens remain an uncommon remedy
  • McCarthy Tétrault LLP
  • Canada
  • July 8 2014

Earlier this year, we discussed the decision of the BC Supreme Court in Pan Canadian Mortgage Group v. 679972 B.C. Ltd. in our publication Real


Bare trusts and beneficial owners' agreements in commercial real estate financings
  • Gowling Lafleur Henderson LLP
  • 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


How does real estate security differ between Canada and the U.S.? Good news for Canadian mortgagees
  • McCarthy Tétrault LLP
  • Canada, USA
  • February 10 2014

US lenders in cross-border M&A transactions often ask how real estate security differs in Canada. The short answer is "not much". The security and


Reality tax liens, WSIB premiums, and mortgage priorities
  • Miller Thomson LLP
  • Canada
  • February 24 2015

This paper reviews priorities in three different real property areas: realty tax liens, WSIB premiums, and mortgage priorities. The intent of this


Lenders and execution creditors take note! The importance of searching for writs of execution on loan advances & providing actual notice of same
  • McCarthy Tétrault LLP
  • Canada
  • April 27 2015

Lenders advancing funds in stages or draws to a mortgagor should pay particular attention to searching for execution judgments against the mortgagor


Ontario subsequent mortgagee loses priority for fraudulent prior discharge
  • Dentons
  • Canada
  • February 19 2015

In CIBC Mortgages Inc. v. Computershare Trust Co. of Canada, the Ontario Superior Court of Justice considered applications from competing


Doing business in Canada
  • Gowling Lafleur Henderson LLP
  • 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


The Mortgage Investment Corporation - an alternative lender
  • McMillan LLP
  • Canada
  • March 24 2014

In 1973, the federal government introduced measures aimed at stimulating investments in residential mortgages by the private sector. One of those was