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Assignment - Mortgage

. Martin v. 11037315 Canada Inc.

In Martin v. 11037315 Canada Inc. (Ont CA, 2022) the Court of Appeal considers the duties of an assignee, here of a mortgage:
[55] As for the appellants’ argument that Ms. Martin received notice of the assignment of the second charge via 1103’s statement of claim, an assignee of a mortgagee is required to give written notice of any assignment prior to taking steps to enforce the mortgage. Further, a statement of claim cannot serve as notice of assignment: Gowling Lafleur Henderson LLP, Recovery Services Group, Marriott and Dunn: Practice in Mortgage Remedies in Ontario, loose-leaf (2021-Rel. 7), 5th ed. (Toronto: Thomson Reuters Canada, 2020), at § 1:27, citing Canning v. Avigdor, [1961] O.W.N. 59 (Ont. C.A.); Blonski v. Jarmakowicz (1957), 1957 CanLII 426 (ON SC), 9 D.L.R. (2d) 66 (Ont. H.C.); Diguillo v. Boland (1958), 1958 CanLII 92 (ON CA), 13 D.L.R. (2d) 510 (Ont. C.A.).


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Last modified: 30-10-22
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