Can a mortgagee obtain an injunction to restrain a mortgagor from removing fixtures from their property?

Saskatchewan, Canada


The following excerpt is from Hamilton v. Lindsay, 1923 CanLII 59 (SK QB):

The defendant contends that the plaintiff can only succeed if he shows a deficiency of security. There is authority for such a contention. Ellis v. Glover & Hobson Ltd. [1908] 1 K.B. 388, 77 L.J.K.B. 251. Farwell, L.J. at p. 399 says: I think that a mortgagee would fail to obtain an injunction to restrain the removal of such fixtures, unless he also proved that his security was deficient, or would become so by such removal, on the same principle that prevents the mortgagee from obtaining an injunction to restrain a mortgagor from cutting timber or committing waste in similar circumstances; nor could he obtain damages except in a case of deficiency of security, fof he would have suffered none.

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