What is the test for assignment of rents under a mortgage?
British Columbia, Canada
The following excerpt is from Royal Bank of Canada v. Lywood, 1997 CanLII 2037 (BC SC):
I was also referred to Vancouver City Saving Credit Union v. Miller Electronics Ltd. [1986] B.C.J. No. 1178, Legg J., in which the lease was subsequent to the mortgage. The mortgage contained an attornment clause and assignment of rents. The assignment of rents was acknowledged by the tenant and the tenant paid the rents.
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