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Lender can’t evict bona fide tenants from property notwithstanding mortgagor’s fraud
Monday, December 19, 2022James R.G. CookLitigationResidential Tenancies, Mortgage Fraud, Real Estate, Ontario Mortgages Act, Bankruptcy and Insolvency Act, Mortgage
Courts must occasionally balance property interests between innocent parties who have been victimized by the dishonest or fraudulent conduct of another person. This may involve a conflict between...
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Power of sale restored by Court of Appeal under “safe harbour protections”
Wednesday, July 20, 2022James R.G. CookLitigationReal Estate, Mortgage Fees, Ontario Mortgages Act
In 2544176 Ontario Inc. v. 2394762 Ontario Inc., 2022 ONCA 529 (CanLII), the Ontario Court of Appeal restored a power of sale transaction that...
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Mortgage lender did not breach duty of honest contractual performance
Monday, October 25, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act
A mortgage lender enforcing its rights under a mortgage may owe the borrower a duty to do so honestly and in good faith. However, this does not mean that...
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Power of sale set aside due to mortgagee's refusal to provide discharge statement
Tuesday, May 4, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act, GTA Real Estate
A mortgagor has a right to request a discharge statement from a mortgagee at any time prior to the mortgaged property being sold by...
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Court Denies Mortgagee’s Claim for Unproven Fees and Charges under Overdue Mortgage
Thursday, December 24, 2020James R.G. CookLitigation, Real EstateMortgage Fees, Interest Act, Ontario Mortgages Act
Mortgagees suing to recover amounts owing under a mortgage in default should not expect a court to rubber stamp the amounts claimed for fees...
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