Can an unpaid mortgagee recover arrears of interest?

Saskatchewan, Canada


The following excerpt is from Great West Acceptance Corp. Ltd. v. Hamilton Hotel Co. Ltd. and Wascana Hotel (1965) Ltd. et al., 1982 CanLII 2596 (SK CA):

Learned counsel for the appellant contended that Sutton v. Sutton (supra) does not directly deal with the right of an unpaid mortgagee to recover arrears of interest. It was submitted that this case only deals with the limitation period for the bringing of an action but leaves open the question of what may be recovered by way of interest arrears under a mortgage when the action is brought within the statutory time limit.

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