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Results: 1-10 of 38

Individual Guarantors in Alberta - trap for the unwary and extra cost
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 21 2015

In February this year, we circulated the e-lert below discussing upcoming amendments to the Alberta Guarantees Acknowledgement Act by Bill 44:


Contract law: Maxam Opportunities Fund Limited Partnership v. 729171 Alberta Inc. (2015 BCSC 271)
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 8 2015

Sophisticated parties held to the words of their bargain; making a credit facility "available" did not create an obligation on borrower to draw on the


Is equity a crime?
  • Cassels Brock & Blackwell LLP
  • Canada
  • November 4 2007

Charging usurious loan interest is a criminal offence under section 347 of the Criminal Code of Canada


Don't give away the farm - taking security in production quotas
  • Cassels Brock & Blackwell LLP
  • Canada
  • December 22 2014

For a lender in the agricultural space, some of the most valuable assets a lender may be relying on for recovery purposes are the production quotas


Know your limits enforcing mortgage guarantees
  • Cassels Brock & Blackwell LLP
  • Canada
  • July 13 2012

Not all guarantees are governed by the general two year limitation period provided under the Ontario Limitations Act, 2002


The standard form trap
  • Cassels Brock & Blackwell LLP
  • Canada
  • December 3 2012

It’s time to review your standard forms!


When less is not more - PPSA pitfalls for the unwary
  • Cassels Brock & Blackwell LLP
  • Canada
  • February 16 2012

A recent Alberta decision highlights potential pitfalls for lenders registering against equipment outside of Ontario; Alberta legislation requires a lender to describe “serial numbered” equipment against which a purchase money security interest (PMSI) will be asserted by year, make, model and VINserial number in a schedule to the registration, or by “type and kind” in the general collateral description box


Negative Option Billing Regulations to come into force August 1, 2012
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 4 2012

The Negative Option Billing Regulations (“Regulations”) first released in March 2011 in draft form for public consultation were published in final form in the March 14, 2012 issue of the Canada Gazette Part II


Motor vehicles in a consumer insolvency. British Columbia Court of Appeal determines trustees and consumers claims - TRAP for subprime auto lenders revisited
  • Cassels Brock & Blackwell LLP
  • Canada
  • April 18 2012

It is always an interesting question as to what rights a lender has with respect to a motor vehicle owned by a consumer who becomes insolvent, and whether a secured creditor is able to seize a motor vehicle in order to satisfy an obligation due under a loan


Abuse of the Repair and Storage Liens Act
  • Cassels Brock & Blackwell LLP
  • Canada
  • March 6 2012

Lawrence Gold recently presented on abuses of the Repair and Storage Liens Act (Ontario) (“RSLA”) impacting commercial finance and insurance companies to the Ontario Personal Property Security Legislation Committee (“PPSL Committee”