Can a mortgagee assume control over and manage the property?

If the mortgagee assumes control over and manages the property, the mortgagee can be said to have taken possession. What control and management mean will vary according to the circumstances of the mortgage property. As was decided in the case of Joseph v. Newman (1927), 31 O.W.N. 400 at p. 427, simply collecting the rents does not by itself mean the mortgagee is deemed to be in possession, but appointing a receiver will undoubtedly deprive the mortgagor of control. However, if the mortgagee takes an assignment of rentals, as has been done in the present case, then, upon the mortgagor's default, the mortgagee may collect the rents without invoking a receivership (See Bennett on Power of Sale, supra, at p.142).