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It is well established that having a personal guarantor obtain independent legal advice before signing a guarantee is not an essential element to the enforceability of a guarantee by a lender.

Due to a lender's reliance upon the income streams associated with real property to be used as security in a commercial mortgage financing transaction, the leases that exist upon a borrower's property are the most important assets of that borrower next to the value of the land to be mortgaged.

On May 4, Chancellor Strine of the Delaware Court of Chancery stopped a hostile exchange offer by Martin Marietta Materials, Inc. for Vulcan Materials Company, and a related proxy process, after finding that in making the offer Martin Marietta breached the terms of two confidentiality agreements between the two parties.

In Krayzel Corp. v. Equitable Trust Co., 2016 SCC 18, the Supreme Court of Canada held that an interest rate increase that was structured as a lower rate in the absence of default infringed Section 8 of the Interest Act.

The Supreme Court of Canada announced today that its judgment in the reference case regarding the proposed Canadian Securities Act and whether Parliament has the Constitutional authority to create a national regulator.

It is well-known that the Bank of Canada's interest rate increases over the past two years have caused financial strain on many Canadian households.

The Canadian Securities Administrators (the "CSA") have unveiled new rules addressing syndicated mortgages with the dual objectives of establishing a more consistent framework ...

On December 22, 2011 the Supreme Court of Canada released its decision regarding the ability of the federal government to legislate securities trading.

On March 22, 2017 Ontario Bill 27, the Burden Reduction Act, 2017 ("BRA") went into force and, among other things, this legislation made two changes of note to lenders and lessors.

In a recent British Columbia Supreme Court case, “Longstaff v. Robinson and IPC Investment Corporation”, the plaintiff alleged that his broker had a fiduciary duty to him which had been breached, in addition to breaching contractual and tort duties.

In its decision in Malata Group (HK) Limited v. Jung, 2008 ONCA 111, the Court of Appeal for Ontario recently examined the relationship between a derivative action, which a shareholder may bring on behalf of a corporation, and the shareholder's personal oppression action.

On August 26, 2009, the Ontario Securities Commission dismissed a request by a significant unitholder of InterRent Real Estate Investment Trust to reverse a decision of Toronto Stock Exchange and intervene to stop a private placement of InterRent units from proceeding.

In the recent case of Kalsi v. Achary, the British Columbia Supreme Court held that a mortgagee cannot recover payment from a party signing the mortgage as a guarantor when the terms of the guarantee were omitted from the mortgage, even though there was intent to give a guarantee.

Most equipment lenders and mortgage lenders have heard the term "fixtures filing", however many are unaware of the implications of filing a notice against land to protect an interest in personal property.

On behalf of Quinn Ross of The Ross Firm Professional Corporation posted in Residential Real Estate on Thursday, October 6, 2016.

Buying real estate can be one of the most significant financial transactions in a person's life. It's important to understand how the process works...

A condominium corporation repairs a leaky toilet because a unit owner failed to do so.