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Multi-Residential Lending: Navigating Tenant Protection Laws and Recent Case Developments
Wednesday, May 28, 2025Zev ZlotnickBusiness Law, Corporate Law, Real EstateCommercial Real Estate, Lending, Multi-Residential Lending, Residential Tenancies Act
Lending on multi-residential properties in Ontario presents unique challenges that go beyond the physical asset. A critical factor for...
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Super Priority Liens: What Commercial Mortgage Lenders Need to Know
Tuesday, March 4, 2025Zev ZlotnickBusiness Law, Real Estate, Corporate LawCommercial Mortgage, Compliance, Lending, Ontario
In Ontario, the concept of super priority liens refers to certain types of liens that take precedence over other claims on a property, even rights arising from a...
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Why Commercial Real Estate Lenders in Ontario Should Avoid Being Co-Defendants in Construction Lien Matters
Wednesday, November 13, 2024Zev ZlotnickBusiness Law, Corporate LawCommercial Real Estate, Lending, Construction Liens
In Ontario, commercial real estate lenders need to be cautious of their involvement in borrower construction lien matters, especially when it comes to being named as co-defendants...
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Commercial Real Estate Lenders and Construction Liens
Tuesday, October 22, 2024Zev ZlotnickCorporate Law, Business LawReal Estate, Construction Liens, Lending
Commercial real estate lenders operating in Ontario must be vigilant about construction liens due to the significant legal and financial implications these
liens can impose...
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Impact of Unsecured Debt on a Mortgage Lender's Security
Wednesday, September 18, 2024Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending
In the context of commercial lending, the priority of claims is a critical aspect of risk management. A common concern for commercial mortgage lenders is how a borrower’s unsecured debt, such as debt arising from promissory notes, can impact the lender’s security interest in the mortgaged property...
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Equitable mortgage principles affirmed by Ontario Court of Appeal (Greenspan v. Van Clieaf)
Tuesday, October 24, 2023James R.G. CookLitigationReal Estate, Lending, Mortgage, Loans
In Greenspan v. Van Clieaf, 2023 ONCA 681 (CanLII), the Ontario Court of Appeal affirmed that a lender may be entitled to...
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Commercial Lending Where There is a Limited Partnership
Wednesday, August 2, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Limited Partnership
A limited partnership is a business structure comprised of at least one general partner and one limited partner. General partners are...
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I’m a Lender! How do I get my 3-month Interest Penalty on a Borrower Default?
Wednesday, April 26, 2023Zev ZlotnickBusiness LawReal Estate, Ontario Mortgages Act, Mortgage, Lending
Under Section 17 of the Mortgages Act, R.S.O. 1990, despite any pre-existing mortgage agreement, where a borrower is in default for...
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PPSA Registrations for a GSA vs for a Guarantee
Wednesday, March 15, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending, Loans
Is there a difference between perfecting a general security agreement through a PPSA registration and registering a PPSA in respect of a loan...
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Lending Against a Partial Beneficial Interest?
Thursday, January 26, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending
A beneficial interest is an individual’s right to benefit from assets held by someone else. With respect to real property, it is imperative for a...
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How Do I Get All My Lender Fees?
Wednesday, December 14, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending
In Canada, lenders who take mortgages on real property as security should be mindful of section 8 of the Interest Act (the “Act”) and the...
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Is Your Demand Loan Demandable?
Tuesday, November 8, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Loans
A demand loan is a loan that a lender can require to be repaid by the borrower in full at any time. A demand loan has no term, but is simply repayable...
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How Do I Lend to LPs & REITs?
Tuesday, September 13, 2022Zev ZlotnickBusiness Law, Corporate LawLending, Commercial Real Estate
Loan transactions commonly involve non-corporate entities such as limited partnerships and Real Estate Investment Trusts (“REITs”). It is important for lenders to...
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1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered
Tuesday, August 23, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage, Lending
Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership. Legal ownership and beneficial ownership...
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So you're in Special Credit – Can you sue?
Wednesday, December 27, 2017LitigationInsolvency, Collections, Lending, Loans, Banking, Recovery
Deciding not to advance any more money and shifting a debtor’s account into the...
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