NJS Midtown Portfolio Inc. v. CMLS Financial Ltd.

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
JudgeKIMMEL J.
Citation2020 ONSC 3973
Docket NumberCV-20-642208
Date29 June 2020

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6 practice notes
  • Court Of Appeal Summaries (August 29, 2022 ' September 2, 2022)
    • Canada
    • Mondaq Canada
    • September 6, 2022
    ...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, 2013 ONSC 3137, 1951584 Ontario Inc. v. Northern Bear Golf Club Inc., 2021 ABCA 91, R......
  • Alleghe Mortgage Fund Ltd v Winona Park Towns Ltd
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 26, 2024
    ...Vancouver Sewerage and Drainage District, 2021 SCC 7, [2021] 1 S.C.R. 32, at para 6; NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973, at para 13 The Equitable Trust Company v. Marsig, 2012 ONCA 235, at para 8; National Trust Co. v. Maxwell (1989), 34 C.P.C. (2d) 211 (H.C.J......
  • First National Financial GP Corporation v. Golden Dragon HO 10 Inc. et al.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2020
    ...has not triggered the right to redeem, was recently re-affirmed by Justice Kimmel in NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973. Justice Kimmel held at para. 73: In circumstances where a mortgagor wants to sell a property that is encumbered and there is no contractual......
  • First National Financial GP Corporation v. Golden Dragon Ho 10 Inc.
    • Canada
    • Court of Appeal (Ontario)
    • August 31, 2022
    ...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 Developments Limited, 2013 ONSC 3137. However, those cases do not speak to a standa......
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5 cases
  • Alleghe Mortgage Fund Ltd v Winona Park Towns Ltd
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 26, 2024
    ...Vancouver Sewerage and Drainage District, 2021 SCC 7, [2021] 1 S.C.R. 32, at para 6; NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973, at para 13 The Equitable Trust Company v. Marsig, 2012 ONCA 235, at para 8; National Trust Co. v. Maxwell (1989), 34 C.P.C. (2d) 211 (H.C.J......
  • First National Financial GP Corporation v. Golden Dragon HO 10 Inc. et al.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 16, 2020
    ...has not triggered the right to redeem, was recently re-affirmed by Justice Kimmel in NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973. Justice Kimmel held at para. 73: In circumstances where a mortgagor wants to sell a property that is encumbered and there is no contractual......
  • First National Financial GP Corporation v. Golden Dragon Ho 10 Inc.
    • Canada
    • Court of Appeal (Ontario)
    • August 31, 2022
    ...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 Developments Limited, 2013 ONSC 3137. However, those cases do not speak to a standa......
  • Losani Homes (1998) Ltd v Paris Land Development Ltd
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 22, 2025
    ...general discretion to grant a discharge of a mortgage in any circumstance whatsoever: NJS Midtown Portfolio Inc. v. CMLS Financial Ltd., 2020 ONSC 3973. Analysis 17 The parties agree that there is a genuine issue of contractual interpretation to be tried in this 18 Neither party has moved w......
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1 firm's commentaries
  • Court Of Appeal Summaries (August 29, 2022 ' September 2, 2022)
    • Canada
    • Mondaq Canada
    • September 6, 2022
    ...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, 2013 ONSC 3137, 1951584 Ontario Inc. v. Northern Bear Golf Club Inc., 2021 ABCA 91, R......