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Jul
27,
2010
Resulting and Constructive Trusts: The Various Types
Resulting Trusts Arising from Mortgage FraudThe Alberta Court of Appeal observed in Luitenko v. McAleer that a resulting trust arose out of mortgage fraud. The respondent,...
Jul
27,
2010
Resulting and Constructive Trusts: What are They and What is Their Significance for Real Estate Lawyers?
Important developments have taken place in Canadian jurisprudence from the 1960s relating to interpretation and application of resulting and constructive trusts and more recently, the presumption...
Jul
27,
2010
The Lesson Learned from a Leasing Arrangement
In the previous installment, we reviewed a scenario when the lender can attorn rents and the tenant has to pay rent to the lender. Assuming that...
Jul
23,
2010
ASSIGNMENT OF LEASES, RENTS, NON DISTURBANCE AND ATTORNMENT: How To Differentiate Between Them
In this context, Madame Justice McKinley also dealt with the situation where a lease is absolutely assigned by the owner of land but the reversionary interest...
Jul
23,
2010
A Discussion about the Assignment of Leases
As the Goodyear case considered in-depth assignments of rents and leases to determine the impact on the doctrine of privity, it is necessary to discuss the...
Jul
23,
2010
The Law of Lease Assignments
Earlier we have seen how Goodyear benefited from its lawsuit against Burnhamthorpe. This verdict is compared with the generally accepted good law set out in Corbett...
Jul
23,
2010
Assignments of Leases: Goodyear, A Case in Review
Goodyear v. BurnhamthorpeGoodyear was the tenant under a long-term ground lease of part of an office building in Etobicoke, known as 10 & 21 Four Seasons...
Jun
14,
2010
Assignment of leases, rents, non-disturbance, and attornment
Assignment and Assumption of Contracts General RulesThe lease is a mixture of benefits and obligations, which can be unilateral or bilateral. The “assignor”, or a party...
Jun
14,
2010
Assignment of Rents: Potential Conflicts and Exceptions
In the previous instalment, we discussed the difference between lease and rents and left open the manner of their registration. It is a fait accompli that...
Jun
11,
2010
ASSIGNMENTS OF LEASES, RENTS, NON DISTURBANCE AND ATTORNMENT: An Introduction
Leases and tenancies of a secured property are of great interest to a commercial lender for the following reasons:1. The borrower could pay the debt from...
