What is the remedy if a lender's priority is wrongfully denied to a borrower?

Ontario, Canada


The following excerpt is from L-Jalco Holdings Inc. v MacPherson, 2017 ONSC 4055 (CanLII):

It is a remedy, however, that will not be available if it results in an injustice being done if that lender's priority is restored: Brown v. McLean (1889), 18 O.R. 533 at p. 537.

Other Questions


Can a shareholder, officer and director of a corporation seek an oppression remedy for the wrongful dismissal of an employee? (Ontario, Canada)
Is a lawyer responsible for a lender's failure to disclose recognized red flags to a lender or to make adequate inquiries about such red flags? (Ontario, Canada)
Does a lender have the right to pursue a claim against the lender itself? (Ontario, Canada)
What is the burden of persuasion required for an appellant to persuade a court that her Charter rights or freedoms have been denied or denied? (Ontario, Canada)
What is the difference between a plaintiff’s in rem action for a declaration of invalidity arising from s. 52 of the Constitution Act, 1982, and a personal remedy arising from the same remedy? (Ontario, Canada)
Can a borrower avoid liability for a loan based on a lender's failure to exercise due diligence by obtaining an appraisal? (Ontario, Canada)
How have courts considered hardship in deciding not to grant a remedy under the Partition Act? (Ontario, Canada)
What is the proper remedy for a breach of fiduciary duty? (Ontario, Canada)
What is remedial constructive trust? (Ontario, Canada)
Is striking pleadings and denying trial participation an order of last resort? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.