CIBC Mortgages Inc. v. Dima Estate, 2019 NSSC 61
Judge | Campbell |
Court | Supreme Court of Nova Scotia (Canada) |
Case Date | February 14, 2019 |
Jurisdiction | Nova Scotia |
Citations | 2019 NSSC 61 |
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2 practice notes
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Project Forest Lakes Pte. Ltd. v. Terra Firma Development Corporation Limited, 2021 NSSC 350
...Rules. They say that the mortgage agreement in this case does not allow for simple foreclosure, relying on CIBC Mortgages v Dima Estate, 2019 NSSC 61. As a simple foreclosure would deprive the Encumbrancers of any further interest in the property, thus giving PFL an unfair advantage, equity......
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Forjay Management Ltd. v. 0981478 B.C. Ltd.,
...more generally. A foreclosure is an equitable remedy available in respect of mortgages. The court in CIBC Mortgages Inc. v. Dima Estate, 2019 NSSC 61 explained its provenance: [13] Under the pure-form common law mortgage the legal title to the prop......
2 cases
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Project Forest Lakes Pte. Ltd. v. Terra Firma Development Corporation Limited, 2021 NSSC 350
...Rules. They say that the mortgage agreement in this case does not allow for simple foreclosure, relying on CIBC Mortgages v Dima Estate, 2019 NSSC 61. As a simple foreclosure would deprive the Encumbrancers of any further interest in the property, thus giving PFL an unfair advantage, equity......
-
Forjay Management Ltd. v. 0981478 B.C. Ltd.,
...more generally. A foreclosure is an equitable remedy available in respect of mortgages. The court in CIBC Mortgages Inc. v. Dima Estate, 2019 NSSC 61 explained its provenance: [13] Under the pure-form common law mortgage the legal title to the prop......