August 12, 2008

Mortgages: Judicial Sales and Deficiency Claims (1991)

Keywords: mortgage; judicial; claim; deficiency; debt; foreclosure; land; third party; debtor; remedy; lender; borrower; security; property; title; interim; certificate; conflict of interest; residential; collateral; profit; purchase; price; windfall; resale; covenant; agreement; sale When a debt is secured by a mortgage, the process by which the lender recovers the debt is Read more…

Enforcing Judgments from Outside the Province (1991)

Keywords: judgment; enforcement; service; forum non conveniens; cross vesting; limitation period; province; court; Morguard Investments Ltd. v. de Savoye; jurisdiction; foreign; Bank of Montreal v. Kim A judgment requiring the payment of money can be filed in another province’s courts, which allows a successful plaintiff to enforce the judgment in Read more…

Execution Against Securities (1991)

Keywords: securities; execution; debtor; creditor; seizure; sheriff; share; market; judgment; Court Order Enforcement Act; corporation; bailee; dealer; shareholder; transfer; limitation; valuation; charging order; third party; writ of execution; bond; certificated; uncertificated; investment; priority; stockbroker; issuer The provisions of the Court Order Enforcement Act governing the seizure of shares and debt instruments are Read more…

Affidavits: Alternatives to Oaths (1990)

Keywords: oath; affidavit; statement; sworn; evidence; affirmation; perjury; document; witness; affiant; commissioner; certificate This project examines ways of reducing the requirement for sworn affidavits and suggests the implementation of a “solemn certification” that does not require an appearance before a Commissioner of Oaths. It also recommends that the right to Read more…

Priority of Builders Liens Under Bill 52 (1990)

Keywords: builders lien; Builders Lien Act; mortgage; lender; construction; property; claimant; land; value; mechanics lien; priority; advance This minor report is in the form of a letter to the Attorney General in response to Bill 52 (1990), the Builders Lien Act. The Bill, as introduced, had several issues in it Read more…