In what circumstances will a bank and its solicitor agree to accept and accept an offer of credit?

The security forms sent out by the solicitor of the plaintiff to the defendant included a mortgage which, in turn, included this clause. It is in evidence. Moreover, the plaintiff’s officer, in examination for discovery, also in evidence, said that the security documents filed (including the mortgage) were those contemplated by the part (6) of the offer of credit. However, the plaintiff brings its action on the basis of the offer of credit and the acceptance. They together created the contract valid at the time entered into. The mortgage document never was signed. It may never have been insisted on or signed in that precise form. It is merely a potential part of the contractual arrangements between the plaintiff and defendant. It is not known what form and terms would be acceptable to the bank and its solicitor in the final analysis, at least in a theoretical way. In result, the situation to which Cattanach J. addressed himself and that to which I address myself are really the same. Of course, in Schwartzman v. Great West Life Assur. Co., supra, the mortgage had been signed and the offending clause with respect to advancing was clearly before the court, albeit in a different context from the present.