Centre d'Apprentissage et de Formation + de Cornwall (Bankrupt), Re, 2013 ONSC 2749
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Subject Matter | MORTGAGES |
| Date | 09 May 2013 |
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5 practice notes
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Court Of Appeal Summaries (August 29, 2022 ' September 2, 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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First National Financial GP Corporation v. Golden Dragon HO 10 Inc. et al.,
...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......
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First National Financial GP Corporation v. Golden Dragon Ho 10 Inc.,
...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......
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1186708 Ontario Inc. et al. v. Attara Developments Ltd. et al., [2013] O.T.C. Uned. 3137
...[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
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First National Financial GP Corporation v. Golden Dragon HO 10 Inc. et al.,
...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......
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First National Financial GP Corporation v. Golden Dragon Ho 10 Inc.,
...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......
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1186708 Ontario Inc. et al. v. Attara Developments Ltd. et al., [2013] O.T.C. Uned. 3137
...[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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NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973
...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
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Court Of Appeal Summaries (August 29, 2022 ' September 2, 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......