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Results: 1-10 of 69

Strict Deadlines to Register Condo Liens when Collecting on Judgments
  • Gowling WLG
  • Canada
  • September 5 2017

The Ontario Court of Appeal reiterated that the 3-month deadline to register a condo lien is a strict one. Failure to act in a timely manner will


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


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


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


A banker asked us: General vs specific assignments of rents and leases in Ontario
  • Gowling WLG
  • Canada
  • June 26 2017

What is the difference between a general assignment of rents and leases and a specific assignment of rents and leases, and when should I include


When can a second mortgagee sell a property in Ontario?
  • Gowling WLG
  • Canada
  • September 26 2013

A recent decision by the Ontario Court of Appeal in Business Development Bank of Canada v. Pine Tree Resorts Inc. illustrates the extent of exposure


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


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


Mortgagee sets aside mortgagor's "sweetheart deal" tenancy agreement
  • Gowling WLG
  • Canada
  • March 30 2017

Mortgagors facing mortgage enforcement proceedings frequently try to create obstacles for their mortgagees. One such obstacle is the granting of a