Is a written indemnity agreement enforceable against a mortgage?
British Columbia, Canada
The following excerpt is from Bechler v. Martell, 2009 BCSC 1649 (CanLII):
In contrast, where as is the case in relation to the mortgages and indemnity agreements in the case at bar, the agreement is put in writing and, in the case of the mortgages, registered against title, those measures reflect an intention that the agreement should give rise to a legal obligation: Lawrence v. Lawrence, 2006 BCSC 167, 24 R.F.L. (6th) 112.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a binding oral agreement to vary the written agreement regarding child support enforceable? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
Can a lawyer who entered into a fixed fee agreement with a client without the client signing a written agreement with respect to the amount of money that was deposited into his general account? (British Columbia, Canada)
Can an unwritten collateral contract that goes to the root of the reason for one party entering into the subsequent written agreement be enforced? (British Columbia, Canada)
Does the fact that counsel for the successful plaintiff was retained on a contingency fee agreement have any bearing on whether ordinary costs produce a just indemnity? (British Columbia, Canada)
Does a delay in obtaining costs from a mortgage holder's mortgage indebtedness constitute prejudice? (British Columbia, Canada)
What is the difference between an agreement for sale and a mortgage? (British Columbia, Canada)
What is the test for a party to be liable under a written agreement? (British Columbia, Canada)
Does filing an agreement make an order enforceable? (British Columbia, Canada)
What is the test for determining whether an enforceable agreement exists? (British Columbia, Canada)
