A boutique Toronto law firm servingclients across Canada since 1987
In my previous post LXXXII I identified 4 types of properties that appear to be safe for a mortgagee to take...
In my previous post LXXXI I set out the 3 simple rules imposed by the common law and by statute law on a...
In my previous post LXXX I explained the Court of Appeal’s rationale in its Hume decision (at 2022 ONCA...
My previous post LXXIX repeated the law (which was reiterated this past August (of 2022) by the...
My previous post LXXVIII enumerated the errors that the Learned Judge made in the Zapfe Holdings v...
My previous post LXXVII continued this latest series commenting on the May 18, 2022, court case...
Last week’s post LXXVI continued this latest series commenting on the May 18, 2022, court case known as...
Last week’s post LXXV was the beginning of a series commenting on the May 18, 2022, court case known as...
Over the past few years I have written various posts (see, for example, Post XXI and Post XXX and the recent...
In the previous ‘power of sale’ blog LXXIII posted earlier this month, I reminded readers that a...
In the previous ‘power of sale’ blog LXXII posted last week, I looked at the...
In the previous ‘power of sale’ blog LXXI posted last week, I continued a...
In the previous ‘power of sale’ blog LXX posted last week, I continued a...
In the previous ‘power of sale’ blog LXIX posted last week, I continued a multi-part AMA –...
In the previous ‘power of sale’ blog LXVIII posted last month, I continued a multi-part...
In the previous ‘power of sale’ blog LXVII posted last week, I began a multi-part...
In the previous ‘power of sale’ blog LXVI posted by me last December, 2021,...
In the previous Post LXV I explained why a mortgagee in possession need only provide a...
In the previous Post LXIV I reviewed the rules that govern discharges and assignments of mortgages...
In the previous Post LXIII I looked at why some third party mortgage financiers (who repay a prior mortgage...
In the previous Post LXII I reviewed the privacy issues arising when a prior mortgagee receives a...
In the previous Post LXI I started to examine how privacy legislation (PIPEDA) affects mortgage...
In the previous Post LX I continued a review of mortgage statements and gave a real life example of...
In the previous Post LIX I continued a review of mortgage statements, and revealed how a loan...
In the previous Post LVIII I continued a review of mortgage statements, looking at mistakes that...
In the previous Post LVII I continued a review of mortgage statements, looking at mortgage...
In the previous Post LVI I continued a multi-part series unpacking mortgage statements and focused...
In the previous Post LV I started a series unpacking mortgage statements, whether for...
In the previous Post LIV I explored ILA – Independent Legal Advice - and answered the...
In the previous Post LIII I explored ILA – Independent Legal Advice - and answered the...
In the previous Post LII I explained that while the courts are stricter in their requirement that a...
In the previous Post XLI I continued the discussion regarding personal guarantees sometimes found...
In the previous Post XL I started thinking about the personal guarantees sometimes found in...
Post XLI started an in depth look at power of sale litigation. In the previous Post XLIX I...
Post XLI started an in depth look at power of sale litigation. In the previous Post XLVIII I...
Post XLI started an in depth look at power of sale litigation. In the previous Post XLVII I explained that I...
Post XLI started an in depth look at power of sale litigation. The previous Post XLVI began an exploration...
Post XLI started an in depth look at power of sale litigation. The previous Post XLV explained that when the...
Post XLI started an in depth look at power of sale litigation. The previous Post XLIV looked at the parties...
Post XLI was the beginning of an in depth look at power of sale litigation. The previous Post XLIII looked at...
Post XLI started an in depth look at power of sale litigation. In this post, I review the requirements of a...
The law in Ontario has always favoured the interests of the mortgage lender who is exercising its power of...
My 25th post (Part XXV) from last September, 2020 began a review of power of sale (or mortgage remedy)...
My last 5 blog posts (Parts XXXV to XXXIX inclusive) have examined fees, charges and penalties that...
My last 4 blog posts (Parts XXXV and XXXVI and XXXVII and XXXVIII) have examined fees, charges and penalties...
My last 3 blog posts (Parts XXXV and XXXVI and XXXVII) have examined fees and charges and penalties that...
My last 2 posts Part XXXV and XXXVI dealt with the fees, charges and penalties that private mortgagees...
My last post Part XXXV started a conversation focusing on the fees, charges and penalties that private...
Most of my readers will be familiar with the myriad of the fees, charges and penalties that are typically...
This is a continuation of the last 3 posts PART XXXIII and PART XXXII and PART XXXI in...
This is a continuation of the last 2 posts PART XXXII and PART XXXI in which I discussed a power of sale...
In POST XXXI (part 1 of this Series) I introduced a private mortgage power of sale fact scenario that landed...
Back in September of 2020 – just before the pandemic's 2nd wave hit hard, I received a call from a...
Much to the misunderstanding of many in the industry, a court order or writ of possession is not required in...
My previous 3 blog posts HERE and HERE and HERE, introduced a retrospective review of...
My previous blog posts HERE and HERE introduced a retrospective review of mortgage remedies during...
My previous BLOG POST introduced a retrospective review of mortgage remedies during the Covid-19 pandemic....
I think it safe to say that virtually all of us were taken by surprise when Ontario was suddenly locked-down...
As mentioned in a previous posts POST IX & POST X, a mortgagee has to make a fundamental choice of...
In the previous 2 post, I reviewed (not too harshly, I hope) an unusual letter that I received from a lawyer...
In the last post, I told my readers that I acted for a mortgagee who had just taken possession of rented...
I act for a private mortgage lender who holds a mortgage of residential rental property. The mortgage has...
One question that I often hear from client mortgagees holding mortgages in default is whether a formal court...
The Courts in Ontario, through decades and decades of jurisprudence, have created mortgage remedy parameters...
You have decided to enforce your private mortgage that is now in default. But you are faced with...
Your private mortgage is in default. Your mortgagor is not paying. She or he continues to duck your calls and...
Previous posts Part XI and Part XII and Part XIII have introduced and dealt with various notice of sale...
The Federal Court of Appeal’s recent decision in the Canada v TD Bank case has been the...
/lawyers/michael-s--myersAs a result of the Federal Court of Appeal’s recent decision in the Canada v...
When I started blogging at the onset of the Covid-19 lockdown, I vowed (to myself) that I would not write in...
Mortgage remedies are tricky. Because, at least in part, notices of sale are tricky. Your mortgage remedy...
Your mortgagor / homeowner did not make the monthly mortgage payment that recently fell due. Another has...
You’ve been lending money to homeowners on the security of second and third real property mortgages for...
Mortgages were significantly different animals in England in the 1600s and 1700s. Then, unlike now, a...
A private mortgage lender has a choice of remedies available to it following a default occurring under its...
In the last few blogs, I reviewed demand letters in some detail. And in the previous blog HERE I opined that...
In the prior three posts HERE and HERE and HERE I examined demand letters in some detail; when and why...
In the previous 2 blogs, I talked about demand letters generally. In this posting, I will delve into some...
In the previous blog post, I wrote about demand letters following mortgage default. But not all defaults are...
In the previous Blog post found at here I wrote about mortgage defaults; material defaults, not-so-material...
I write this post on April 1. April Fools’ Day. If only this pandemic were just that. Unfortunately, it...
Over 1,000,000 Canadians applied for EI assistance as of last week. This nearly doubles the number of...
PART I of a series of blog posts intended to aid private mortgage lenders who will soon find themselves...
The choice to become a landlord involves a lot of careful considerations. While it can be a lucrative choice...
Purchasing a home for the first time can be difficult. Fear of real estate disputes and high housing prices...
Finding the right professionals to help buy and sell a home can be overwhelming. One of the reasons for this...
With unmanageable debt, individuals and businesses often find themselves in grave situations with their...
When a large company files for bankruptcy, many stakeholders are affected. Creditors, customers and employees...
Understanding the history of a home before making a purchase is important for many reasons. While some things...
As e-commerce competitors change the marketplace, many retailers are struggling to maintain their traditional...
When an individual finds him or herself in financial difficulty and creditors are trying to collect, the...
Buying or selling a home can be an exciting time. Excitement can quickly turn into stress and discontent if...
When purchasing properties, new owners naturally want to protect themselves as much as possible from damage,...
Real estate agents have a responsibility to properly represent their clients and to protect all parties...
The Ontario housing marketing has been a major topic of discussion in Canada this year. In places like...
Although bankruptcy might not have been in your plans for the future, changing circumstances can leave you no...
The Toronto and GTA real estate market has taken a turn for the worse. Why is the local housing market in...
Buying or selling a property is one of the biggest decisions many Canadians make. With the competitive nature...
The Toronto and GTA real estate market has started to see a decline. Throughout 2016, and early 2017, the GTA...
Large businesses filing for bankruptcy can find the bankruptcy process tricky to navigate, especially when...
A legal avenue for Ontario consumers or businesses to seek relief from overwhelming debt is bankruptcy. It...
There are many different reasons Ontario businesses experience financial difficulties. Owners may not have...
Any Ontario resident can experience severe financial problems if adverse events like employment loss,...
Although the Canada Revenue Agency may freeze an Ontario resident's bank account primarily to gain the...
If your customer (who owes you money) goes to a trustee in bankruptcy, what does that mean? Does your...
If your customer (who owes you money) goes bankrupt, what are your options? Does your customer's...
Ontario companies, such as those that are in the wholesale industry, can be vulnerable when their customers...
Many Canadians, including high net-worth individuals in Ontario, have realized that their debts rise at a...
What happens when residents of Ontario fail to pay their taxes on time? Those who do not cooperate with the...
When an Ontario business becomes bankrupt, it means that it has more than $1,000 in debts and it cannot pay...
Many Ontario creditors have faced circumstances in which high-net-worth clients evade debt and systematically...
When a high-net-worth resident of Ontario owes substantial amounts of money to the Canada Revenue Agency,...
When considerable assets have accumulated, considering options for protecting one's wealth is important....
In cases where unpaid goods have been delivered to a debtor, suppliers may draw upon a remedy under the...
When businesses file for bankruptcy or seek to file a commercial proposal, they cannot proceed through these...
Some companies that owe $5 million or more may be able to draw on provisions in the Companies' Creditors...
If a business is in debt and cannot repay its creditors, it can file a Division I proposal. This proposal is...
Where an individual or business owes creditors money, but does not have the ability to repay debts on time as...
The dangers of not having a home inspection conducting before purchasing a property is that a buyer may be...
When it comes to employment termination, the words "notice" and "severance" are often...
Even the best financial minds in Ontario can sometimes find themselves experiencing fiscal difficulties....
You own a home. You have a mortgage. You go bankrupt. Your mortgage company continues to accept your monthly...
You have financial difficulties. You stop paying your debts. More than 2 years have passed. The Ontario...
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