Canada: Charges, Mortgages, Indemnities

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.

Protecting A Second Mortgagee’s Priority Over Further Advances On A First Mortgage: First Accredit Mortgage Corp. v. Pitman-Jelley, 2026 BCSC 1029

When a property is subject to multiple mortgages, can a second mortgagee protect their priority position against further advances made on a first mortgage?

WG

Watson Goepel LLP

Le Processus De Prise En Charge Du Prêt Hypothécaire

Assuming a mortgage in a real estate transaction can preserve favorable financing terms and avoid costs associated with obtaining new financing.

Canada Real Estate

BC

Blake, Cassels & Graydon LLP

The Mortgage Loan Assumption Process

Assuming a mortgage loan in a real estate transaction can preserve favorable financing terms and avoid new loan costs, but the process involves critical considerations beyond simply taking over payments.

Canada Real Estate

BC

Blake, Cassels & Graydon LLP

One Shot, One Opportunity: Cause Of Action Estoppel In Patrick Street Holdings Ltd v. 11368 NL Inc.

The Supreme Court of Canada recently took the opportunity to conduct an in-depth analysis of cause of action estoppel, one of the two branches of the doctrine of res judicata.

CW

Clark Wilson LLP

Difficultés liées au financement des coentreprises : structures hypothécaires, protection de la valeur et équilibre entre les parties

Canada Real Estate

BC

Blake, Cassels & Graydon LLP

CMHC Insured Financing: A Lender Side Playbook For Multi Residential Transactions

Canada Real Estate

WL

WeirFoulds LLP

Crédit privé au Canada : Principales considérations juridiques et structurelles pour les prêteurs américains

BC

Blake, Cassels & Graydon LLP

Locking The War Chest: Certificates Of Pending Litigation In Modern Practice

Canada Real Estate

Farris LLP

Revisiting Section 8 Of The Interest Act After Rabinowitz: While Context Matters, Prudence Endures

Canada Real Estate

MT

McCarthy Tétrault LLP

Plead Carefully: SCC Clarifies Cause Of Action Estoppel And Limits On Relitigation

Canada Litigation

BL

Borden Ladner Gervais LLP

When Joint Venture Financing Fails: Mortgage Structures, Value Protection And Partner Alignment

BC

Blake, Cassels & Graydon LLP

Finality Reaffirmed: The Supreme Court Clarifies Res Judicata

Canada Litigation

MT

McCarthy Tétrault LLP

Estop Right Now, Thank You Very Much: Supreme Court Clarifies The Test For Cause Of Action Estoppel

TL

Torys LLP

Drafting Cautiously: Waiving Statutory Protections

Canada Real Estate

BJ

Bennett Jones LLP

A Recent Arbitration Decision Confirms That Gossip By Management Can Lead To Employer Liability

Canada Employment

SW

Soloway Wright

How To Master The 24-Month Holding Period Requirement For QSBC Shares And Lifetime Capital Gains Exemption In Canada

RS

Rotfleisch & Samulovitch P.C.

Crypto Tax Lawyer's Guide To DeFi, Yield Farming, & Liquidity In 2026

RS

Rotfleisch & Samulovitch P.C.

How To Meet The Very High Bar For Establishing And Maintaining Canadian-Controlled Private Corporation (CCPC) Status, Plus Corporate And Tax Implications Of Share Transfer

RS

Rotfleisch & Samulovitch P.C.

New Principles For AI Use In Ontario

Canada Technology

MT

Miller Thomson LLP

Would The Real Guarantor Please Stand Up

Not all guarantees are created equal. There is considerable confusion amongst mortgage lenders when structuring a mortgage loan highlighted by a recurring tendency to insist...

BJ

Bennett Jones LLP

Selling Or Buying Properties Under Power Of Sale: Ensuring A Commercially Reasonable Sale Process

Higher interest rates and unfavourable mortgage renewals have resulted in increased defaults, leading lenders to more frequently enforce their security through a power of sale proceeding.

Canada Real Estate

WD

Wildeboer Dellelce LLP

Discharging A Mortgage On Your Property 101

Many homeowners (“mortgagors”) focus on one goal: paying off their mortgage (also known as a “charge”) so they can finally enjoy full and clear title to their property.

Canada Real Estate

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (March 30-April 3)

In Miranda v. Balita Media Inc., the Court upheld the trial judge's finding that the 2022 publications were defamatory and confirmed that 2020 defamatory articles that could not be sued upon...

Canada Litigation

BM

Blaney McMurtry LLP

Mortgagee Can Discharge Certificate Of Pending Litigation To Enable Power Of Sale (MCAN Home Mortgage Corporation v. Broad)

Canada Real Estate

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (March 23-27, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

Working In Law? Three Questions To Ask About Your Financial Protection

Canada Insurance

F

Lawyers Financial

Private Credit Northbound: Key Legal And Structural Considerations For U.S. Lenders Lending Into Canada

BC

Blake, Cassels & Graydon LLP

Court Of Appeal Summaries (March 2 – 6, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

The Federal Court Sets Aside A $1.6 Million Administrative Monetary Penalty By The Commissioner Of The Financial Consumer Agency Of Canada

MT

McCarthy Tétrault LLP

Mortgage Enforcement And The Interest Act

CP LLP

Court Strikes Claim Of Non-party To Mortgage Contract Against Mortgagee And Its Lawyer (Anthonipillai v. Ghorbankhani)

Canada Litigation

GR

Gardiner Roberts LLP

Indemnity Clauses: Why You Think You Need Them (And When You Probably Don't)

Canada Commercial

TL

Torys LLP

Five Things First-Time Home Buyers Should Know In Ontario

Canada Real Estate

SW

Soloway Wright

Mortgage Enforcement And The Interest Act

We have previously written about lenders attempting to charge a three-month interest fee (or "penalty", or "bonus") after a default by a mortgagor Three-Months' Mortgage Interest – To Charge or Not to Charge – CP LLP.

CP LLP

Court Strikes Claim Of Non-party To Mortgage Contract Against Mortgagee And Its Lawyer (Anthonipillai v. Ghorbankhani)

Rule 21 of the Rules of Civil Procedure is a powerful weapon in the arsenal of a defendant.

Canada Litigation

GR

Gardiner Roberts LLP

Indemnity Clauses: Why You Think You Need Them (And When You Probably Don't)

If you ask a lawyer why an indemnity clause is included in an agreement, the reflexive answer is usually some version of "risk allocation". That answer is true. It is also incomplete.

Canada Commercial

TL

Torys LLP

Five Things First-Time Home Buyers Should Know In Ontario

For many individuals, purchasing a home is the largest financial investment they will ever make.

Canada Real Estate

SW

Soloway Wright

Incidence du régime LRPC élargi au Canada sur les secteurs de l'immobilier et des prêts hypothécaires

Canada Real Estate

BC

Blake, Cassels & Graydon LLP

Canada's Bank Regulator Moves To Loosen Capital Rules And Encourage Lending To SMEs

Office of the Superintendent of Financial Institutions Lowering Bank Capital Requirements to Support Business Lending

AB

Aird & Berlis LLP

Construction Liens And Loan Advances: Why Prudent Commercial Lenders Hit "Pause" And How To Clear The Path

Ontario's construction and development sector faces ongoing supply-chain disruptions, labour shortages, and uncertain interest rates, resulting in tighter margins and increased payment disputes.

Canada Real Estate

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (November 17 – 21, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 17, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Efficient Mortgage Enforcement, Meet The Ontario Civil Court System

A mortgagor has been in default for months. The mortgage lender has acted in good faith and accepted at face value the borrower's explanations and plans to either bring the mortgage back into good standing or find alternate financing.

CP LLP

Torys On Budget 2025: Proposals For Small And Mid-sized Federal Financial Institutions

TL

Torys LLP

Court Of Appeal Summaries (October 20 – 24, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

FINTRAC Publishes Resources To Support Mortgage Sector Compliance

GL

Goodmans LLP

Indemnity Costs

LK

Lindsay Kenney LLP

Des organismes de réglementation financière évaluent la résilience climatique des institutions financières canadiennes

BC

Blake, Cassels & Graydon LLP

When A Real Estate Deal Falls Through: What To Do (Or Not To Do)

Canada Real Estate

MT

Miller Thomson LLP

Les répercussions de la loi Mortgage Services Act de la Colombie-Britannique sur les prêteurs demeurent incertaines

Canada Real Estate

BC

Blake, Cassels & Graydon LLP

Court Of Appeal Summaries (September 29 – October 3, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

B.C. Mortgage Services Act: Impact On Lenders Remains Unclear

BC

Blake, Cassels & Graydon LLP

Court Of Appeal Summaries (September 15 – 19, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

A Walk-Through Of Parcel Registers

Canada Real Estate

CM

Casey & Moss LLP

Release Provisions Prohibiting Regulatory Complaints Deemed Unenforceable - Case Comment: 2724582 Ontario Inc V Gold, 2025 ONCA 531

MB

McCague Borlack LLP

Legal Pulse - Summer 2025

Canada Real Estate

RA

Robins Appleby LLP

Why Life Insurance Beats Mortgage Insurance

Canada Insurance

F

Lawyers Financial

Is A Witness Required For Personal Guarantees Or Signatures?

GR

Gardiner Roberts LLP

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Latest Videos

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Designing A Solid Security Package: Rents And Leases (Video)

GW

Gowling WLG

Designing A Solid Security Package: Charge/Mortgage (Video)

GW

Gowling WLG

Security 101: Practical Legal Essentials For Commercial Lenders (Video)

GW

Gowling WLG

Moving B2B Payments Into The Digital Age'

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Dentons Canada LLP

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