2 total
Second mortgages upheld but receivership denied; private sale ordered instead.
The applicant lender sought appointment of a court-appointed receiver over three parcels of vacant land owned by the guarantor to conduct a sale in satisfaction of a $10 million guarantee.
The respondent guarantor and first mortgagee resisted the receivership.
The court upheld the validity of the applicant's second mortgages despite the absence of the first mortgagee's consent, finding the consent requirement was not a true condition precedent and the authorization and direction was unconditional.
However, the court declined to appoint a receiver, finding it unnecessary given the limited nature of the assets and the absence of any business to operate or preserve.
The guarantor was permitted 90 days to effect a private sale, with the applicant retaining the right to return for further relief.
Property dispute between former cohabitants transferred to Family Court due to unjust enrichment claims.
The applicant brought an application seeking a declaration of sole ownership of a property purchased jointly with the respondent, his former common-law partner, arguing a resulting trust.
The respondent opposed, claiming unjust enrichment and a joint family venture, and requested the matter be transferred to Family Court.
The Superior Court of Justice declined to make findings of fact and transferred the proceeding to Family Court, noting that under section 21.8(1) of the Courts of Justice Act, claims for unjust enrichment between persons who have cohabited fall within the exclusive jurisdiction of the Family Court.
