Manitoba eLaw – New Edition – Property and Succession

Update 91 – July 2018 has just been published. Contents include:

Case Law Updates:

  • Mental Incompetence Not a Prerequisite to an Accounting: MBCA
  • Mortgagor’s Equitable Right to Redeem Protected From Mischief
  • Sisters Prevail in Family Farm Dispute: MBCA
  • Right to Veto Homestead Disposition Dies With Non-Owning Spouse: MBQB
  • Section 25.2 Applies to Both Specific and Residuary Gifts: MBQB

Practice Notices:

  • Property Registry Updates

Commentary:

  • Manitoba Law Reform Commission Reports
  • Recommended Reading

Professional Development:

  • Summer CPD Replays: LSM

 

ONCA on Mortgage Enforcement

When homeowners fall behind on their mortgage payments, lenders have the option of foreclosure. Judges have leeway to reach a decision that is equitable to the lender as well as sympathetic to the mortgagor. In Winters v. Hunking, the Court of Appeal overturned a default judgment ordering foreclosure.

The recent decision of the Court of Appeal for Ontario in Winters v Hunking, 2017 ONCA 909 provides an example of the court acknowledging that the mortgagor may have been within its strict legal rights to seek foreclosure on the appellant’s home, but finding that “special circumstances” made such a foreclosure unjust in the circumstances.[FN]

Winters v. Hunking, 2017 ONCA 909

[FN] Commentary by Scott McGrath, Weir Foulds LLP available on Lexology:

Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors