What is the test for reasonable inquiry in a mortgage application?

Alberta, Canada


The following excerpt is from Camco Inc. v. Swertz Bros. Construction Ltd., 1984 CanLII 1208 (AB QB):

In the much cited case McCall v. Wolff (1885), 1885 CanLII 55 (SCC), 13 S.C.R. 130, the court recognizes the necessity of reasonable inquiry in some cases. At pp. 132-33, Ritchie C.J.C. says: If from the description given, the articles cannot be readily and easily known and distinguished, it is clear the statute has not been complied with. I do not think the legislature intended to confine this description to the parties by whom it was prepared as between themselves alone, but the discription [sic] was to enable the property to be identified as against third parties, creditors or others claiming an interest in the property; this need not be such a description as that with the deed in hand without other enquiry the property conld [sic] be identified, but there must, in my opinion, be such material on the face of the mortgage as would indicate how the property may be identified if proper inquiries are instituted, as for instance, “all the property now in a certain shop, &c.”

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