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Jul
29,
2010
Mortgage Enforcement: Issues for Discussion
IntroductionCommon 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...
Jul
29,
2010
Resulting and Constructive Trusts: Damages and Vesting Orders
Damages and Vesting Orders in Lieu of Constructive TrustThe Ontario Superior Court of Justice in McLean v. Danicic et al. discussed an application by a common...
Jul
29,
2010
Resulting and Constructive Trusts: A Case in Point
Constructive Trusts Without Unjust EnrichmentIn a majority judgment in Soulos v. Korkontzilas, the Supreme Court of Canada noted that a constructive trust arose in the absence...
Jul
28,
2010
Resulting and Constructive Trusts: All About Constructive Trusts
The Constructive TrustA constructive trust is formed by operation of law. It is considered an equitable remedy so as to prevent unjust enrichment, which is when...
Jul
27,
2010
Resulting and Constructive Trusts: Types Continued
Good WifeThe 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...
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...
