Centre d'Apprentissage et de Formation + de Cornwall (Bankrupt), Re, 2013 ONSC 2749

JurisdictionOntario
Subject MatterMORTGAGES
Citation2013 ONSC 2749,[2013] O.T.C. Uned. 2749,[2013] O.T.C. Uned. 2749 (SCM)
CourtSuperior Court of Justice of Ontario (Canada)
Date09 May 2013
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5 practice notes
  • Court Of Appeal Summaries (August 29, 2022 ' September 2, 2022)
    • Canada
    • Mondaq Canada
    • September 6, 2022
    ...the World Inc., 2010 ONCA 673, Saperstein v. Royal Trust Corporation of Canada (1988), 24 B.C.L.R. (2d) 114 (C.A.), Bankruptcy of CAF +, 2013 ONSC 2749, 3 C.B.R. (6th) 123, NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973, 1186708 Ontario Inc. v. Attara Developments Limited......
  • First National Financial GP Corporation v. Golden Dragon HO 10 Inc. et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2020
    ...in the present case. [59] As noted by Master MacLeod (as he then was) in Re Centre d'Apprentissage et de Formation + de Cornwall 2013 ONSC 2749, “at common law, there was no right to prepay a mortgage as the mortgagee was entitled to repayment of the principal amount of the loan together wi......
  • First National Financial GP Corporation v. Golden Dragon Ho 10 Inc.,
    • Canada
    • Court of Appeal (Ontario)
    • August 31, 2022
    ...to accelerated interest: Saperstein v. Royal Trust Corporation of Canada (1988), 24 B.C.L.R. (2d) 114 (C.A.); Bankruptcy of CAF +, 2013 ONSC 2749, 3 C.B.R. (6th) 123; NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973, 7 B.L.R. (6th) 296; and 1186708 Ontario Inc. v. Attara De......
  • 1186708 Ontario Inc. et al. v. Attara Developments Ltd. et al., [2013] O.T.C. Uned. 3137
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • June 11, 2013
    ...[27] I find this argument flawed in several respects. [28] Firstly, as most recently noted by Master McLeod in Bankruptcy of CAF + , 2013 ONSC 2749, "at common law, there was no right to prepay a mortgage as the mortgagee was entitled to repayment of the principal amount of the loan togethe......
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4 cases
  • First National Financial GP Corporation v. Golden Dragon HO 10 Inc. et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2020
    ...in the present case. [59] As noted by Master MacLeod (as he then was) in Re Centre d'Apprentissage et de Formation + de Cornwall 2013 ONSC 2749, “at common law, there was no right to prepay a mortgage as the mortgagee was entitled to repayment of the principal amount of the loan together wi......
  • First National Financial GP Corporation v. Golden Dragon Ho 10 Inc.,
    • Canada
    • Court of Appeal (Ontario)
    • August 31, 2022
    ...to accelerated interest: Saperstein v. Royal Trust Corporation of Canada (1988), 24 B.C.L.R. (2d) 114 (C.A.); Bankruptcy of CAF +, 2013 ONSC 2749, 3 C.B.R. (6th) 123; NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973, 7 B.L.R. (6th) 296; and 1186708 Ontario Inc. v. Attara De......
  • 1186708 Ontario Inc. et al. v. Attara Developments Ltd. et al., [2013] O.T.C. Uned. 3137
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • June 11, 2013
    ...[27] I find this argument flawed in several respects. [28] Firstly, as most recently noted by Master McLeod in Bankruptcy of CAF + , 2013 ONSC 2749, "at common law, there was no right to prepay a mortgage as the mortgagee was entitled to repayment of the principal amount of the loan togethe......
  • NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 29, 2020
    ...protects the rights of the mortgagee to uphold the terms of the bargain between the parties. As this Court stated in Bankruptcy of CAF+, 2013 ONSC 2749, at para. 20: An interpretation that permits a mortgagor to cap its liability for the interest owing under a closed mortgage simply by goin......
1 firm's commentaries
  • Court Of Appeal Summaries (August 29, 2022 ' September 2, 2022)
    • Canada
    • Mondaq Canada
    • September 6, 2022
    ...the World Inc., 2010 ONCA 673, Saperstein v. Royal Trust Corporation of Canada (1988), 24 B.C.L.R. (2d) 114 (C.A.), Bankruptcy of CAF +, 2013 ONSC 2749, 3 C.B.R. (6th) 123, NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973, 1186708 Ontario Inc. v. Attara Developments Limited......

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