The third edition of this book, cited numerous times by the court in every major Canadian jurisdiction, fully updates you on the law of mortgages in Canadian common law jurisdictions. Author Joseph Roach delves into problems and questions that real estate practitioners tackle on a daily basis. The result is a fast, efficient reference of a national scale.
You'll find an in-depth treatment of the fundamental right of the mortgagor to redeem, and of the traditional remedies available to the mortgagee - such as foreclosure, judicial and extrajudicial sale, action on the covenant, and the right to bring an action for possession.
Topics cover both substantive and procedural law, with handy reference materials:
- Full text of the Mortgages Act
- Applicable rules of practice
- Forms of judgment
- Standard charge terms useful for the practice of the law of mortgages
What’s New in This Edition?
- Updated to account for changes in the law since the previous edition
- Updates on the effect of the Land Registration Reform Act
- Significantly revised commentary on the statutory power of sale in New Brunswick
- Vexing problem arising in the calculation of Deficiency in New Brunswick resolved in the 2016 Court of Appeal decision Keough v. Sandfire Capital Limited Partnership
- New section on the rule in Campbell v. Holyland on the further right to redeem in equity after a final order of foreclosure
- Detailed discussion of conflict emanating from the Alberta and Ontario courts in Weirdale Investment and Krayzel Corporation regarding the scope of Section 8 of the Interest Act
- Novel mortgage terms or conditions increasing the mortgage rate of interest which is triggered solely by the mere passage of time do not contravene section 8 of the Interest Act : Krayzel Corporation.
- Added discussion of the province of Manitoba and section 8 of the Interest Act (penal clauses)
- New detailed section on the conflict between sections 8 of the Interest Act and 17 of the Mortgages Act regarding the mortgagee’s demand for a penalty or a fine for the payment of the loan before the due date
- Updated discussion on Criminal Interest Rate amendments
- New section on the Unconscionable Transactions Relief Act including discussion of the purpose, prerequisites and application of the legislation
Également d’intérêt en droit civil – Hypothèques/Mortages