Blog
Blog
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...
Read the full post, click here.
Court refuses to enforce mortgage prepayment penalty
Friday, September 24, 2021James R.G. CookLitigationReal Estate, Mortgage Fees
Many Canadian mortgages have a prepayment term that imposes a penalty if the mortgage advance is repaid by the borrower before the maturity date. The general purpose of...
Read the full post, click here.
Court Denies Mortgagee's Claim for Unproven Fees and Charges under Overdue Mortgage
Thursday, December 24, 2020James R.G. CookLitigation, Real EstateMortgage Fees, 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...
Read the full post, click here.