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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

Ontario Court of Appeal rules on production of discharge statements
  • Borden Ladner Gervais LLP
  • Canada
  • December 15 2014

The Court of Appeal's recent decision in Royal Bank of Canada v. Trang, 2014 ONCA 883 ("Trang") has important implications for judgment

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

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

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

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

Amendments to registered interests: who comes out on top?
  • McCarthy Tétrault LLP
  • Canada
  • February 26 2015

To what extent can a subsequent lender rely on the explicit terms of prior registered interests? The recent decision by the Alberta Court of Queen's

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

Scrutiny of single-firm conduct
  • Blake Cassels & Graydon LLP
  • Canada
  • February 9 2012

The Bureau continues to be willing to bring contested proceedings in respect of the civil provisions of the Act