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When is a Consequence a Penalty?
  • Borden Ladner Gervais LLP
  • Canada
  • August 9 2016

A recent case from the British Columbia Court of Appeal (Do v. Nichols) confirms that courts will be reluctant to refuse to enforce an onerous

Heritage Capital Corp. v. Equitable Trust Co
  • Harper Grey LLP
  • Canada
  • July 26 2016

The Supreme Court of Canada confirmed that while correctness is the appropriate standard of review for interpretation of the common law and statute

Forbear but beware: The danger of forbearance and renewal agreements
  • Gowling WLG
  • Canada
  • June 29 2016

In a recent decision of the British Columbia Supreme Court, a private mortgagee’s misunderstanding of the effect of a renewal and forbearance

Loss of incentives for performance held to offend section 8 of the Interest Act: Supreme Court of Canada
  • Gowling WLG
  • Canada
  • June 29 2016

In two earlier editions of Fully Secured (March 2015 and September 2015; Volume 6, Nos. 1 and 3), we reported on the lower court and Alberta Court

Ontario Panel Recommends "Radical" Restructuring of Key Provincial Financial Regulators
  • Stikeman Elliott LLP
  • Canada, OECD
  • June 29 2016

On June 21, 2016, Ontario’s Minister of Finance released the 92-page Final Report of the expert panel that has been reviewing the mandates of the

Receiver v. Lessor: Who Gets the Equipment? Limitations on Property Under a Receiver's Control
  • Miller Thomson LLP
  • Canada
  • June 27 2016

Court appointed receivers commonly assume control over all of a debtor's property. In assuming that control, the receiver may collect various pieces

Supreme Court of Canada decides that substance trumps form in the application of the Section 8 Interest Act prohibition on higher default interest to an incentive rate mortgage
  • McCarthy Tétrault LLP
  • Canada
  • June 20 2016

In Krayzel Corp. v. Equitable Trust Co., 2016 SCC 18 ("Krayzel"), the Supreme Court of Canada held that an interest rate increase that was structured

EuroResourceDeals and Debt - June 2016
  • Jones Day
  • Argentina, Canada, European Union, Italy, United Kingdom, USA
  • June 17 2016

During the last two years, the Italian government has focused on reforming the Italian lending market, with the aim of boosting access to financing

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

La Cour suprême du Canada rend une décision en vertu de l’article 8 de la Loi sur l’intérêt
  • Blake Cassels & Graydon LLP
  • Canada
  • May 31 2016

L’article 8 de la Loi sur l’intérêt du Canada (l’ article 8 ) interdit aux prêteurs d’exiger, par suite du défaut de paiement d’une hypothèque sur