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 ...
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 the tenant and lender ...
The argument of Canada Life in the Goodyear case was that the assignment of future leases from Angeles to Canada Life operated to create privity of estate between Canada Life ...
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 assignment of leases for ...
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 v. Plowden over one ...
Goodyear v. Burnhamthorpe Goodyear was the tenant under a long-term ground lease of part of an office building in Etobicoke, known as 10 & 21 Four Seasons Place, where the ...
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 an assignment of rents ...
Renewals and Extensions are quite important in C. L., as can be seen from the case histories below. Saskatchewan Ltd. v. Nelson In this case, a lease was taken by ...