In what circumstances will an equitable mortgage be granted under a Conditional Sale Agreement?
Alberta, Canada
The following excerpt is from Ed Miller Sales & Rentals Ltd. v. Kalan, 1971 ALTASCAD 2 (CanLII):
In Ortinski et al v. Ochitwa et al (1951) 1951 CanLII 159 (SK QB), 3 W.W.R. 425 an equitable mortgage was given to the vendor of goods to secure the payment of the amount owing under a Conditional Sale Agreement which was then in effect. It was held the vendor’s rights were restricted to the goods and no action was maintainable under the mortgage. This case is also clearly distinguishable from the facts in the case at bar for the mortgage was given for monies then owing under the Agreement.
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