What constitutes a payment made by one party to the other in an equitable mortgage?
Ontario, Canada
The following excerpt is from 1413910 Ontario Inc. (Bulls Eye Steakhouse & Grill) v. McLennan, 2008 CanLII 63994 (ON SC):
In my view, the characterization of a payment giving rise to an equitable mortgage will depend on the intention of the parties and the evidence supporting that intention. See Shute v. Premier Trust Co., [1993] O.J. No. 2758.
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