Disposition by the Court Under s. 77(3), there are three possible dispositions of the matter by the judge: 1) A verdict without a hearing; 2) A direction to the parties …
What Documents are Involved? As in the standard procedure, the Notice of Application and the Affidavit of the Applicant (including exhibits) are to be prepared so as to proceed further. …
Foreclosure: When and Why? It is not uncommon to combine a claim for foreclosure with a claim for the amount due under the covenants contained in the mortgage. Thus, an …
Notice of Sale and Requisitions If a purchase is made under power of sale, it is necessary to ensure that the vendor is authorized to conduct the sale and that …
Introduction Common issues expected to arise and confront legal counsels in mortgage enforcement practice, whether from the mortgagor’s perspective or from the lender’s perspective are under discussion here. Divided into …
Damages and Vesting Orders in Lieu of Constructive Trust The Ontario Superior Court of Justice in McLean v. Danicic et al. discussed an application by a common law wife for …
Constructive Trusts Without Unjust Enrichment In a majority judgment in Soulos v. Korkontzilas, the Supreme Court of Canada noted that a constructive trust arose in the absence of a finding …
The Constructive Trust A constructive trust is formed by operation of law. It is considered an equitable remedy so as to prevent unjust enrichment, which is when the law imposes …
Good Wife The Ontario Superior Court of Justice decided in Citi Financial Ltd.v. Zaidi that the transfer of a residential property from a husband to his wife was void for …
Resulting Trusts Arising from Mortgage Fraud The Alberta Court of Appeal observed in Luitenko v. McAleer that a resulting trust arose out of mortgage fraud. The respondent, Erika Luitenko, who …