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Mortgage enforcement claim dismissed as statute-barred (Albrecht v. 1300880 Ontario Inc.)
Thursday, June 13, 2024James R.G. CookLitigationMortgage, Loans, Real Property Limitations Act
If payments have not been made by a borrower under a mortgage loan for more than ten years, a lender may lose the right to enforce the mortgage against the secured 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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Enforcement Against Guarantors – But the Loan Terms Have Changed!
Wednesday, October 4, 2023Zev ZlotnickBusiness Law, Corporate LawLoans, Commercial Loan
A guarantor takes on liability for the obligations of the borrower or debtor under a commercial loan. A lender can require a secured guarantee or an unsecured guarantee. If the guarantee is...
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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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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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Spouse liable under guarantee as accommodation surety despite lack of ILA
Tuesday, April 12, 2022James R.G. CookLitigationLoans
Loan guarantees are often provided by parents, spouses or siblings to other related parties. The person signing the guarantee usually does not receive any direct...
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Stepfather’s mortgage to stepdaughter determined to be a gift rather than a loan
Monday, November 1, 2021James R.G. CookLitigationLoans, Real Estate, GTA Real Estate, Monetary Gift, Brampton
Family members who provide financial assistance to each other for the purpose of purchasing real estate may intend that such funds be a gift without any expectation of...
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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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