Is a mortgagor with substantial equity entitled to pre-leave costs?
Saskatchewan, Canada
The following excerpt is from Toronto-Dominion Bank v. Huot, 2008 SKQB 345 (CanLII):
The bank further suggests that I ought to rule that, in any case of a mortgagor having substantial equity, pre-leave costs should be ordered as a matter of course. The bank suggests this on the basis that a mortgagor with substantial equity simply is not in the category of the financially distressed mortgagor that was contemplated in Saskatoon Credit Union v. MacKay.
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