Can a mortgagee recover damages for removing fixtures from a house that is not covered by the mortgage?

Saskatchewan, Canada


The following excerpt is from Holland-Canada Mortgage Co., Ltd. v. Fraser, 1926 CanLII 80 (SK CA):

In Gooding v. Shea, 103 Mass. 360, the plaintiff, a mortgagee, brought an action of tort against the defendant for removing some fixtures from a house covered by the mortgage. At the trial it appeared that the plaintiff was out of possession and had not the right of possession as there had been no default or breach of condition under his mortgage. It was held that the plaintiff could recover the full amount of the damages caused to the estate by the removal of the fixtures without regard to the sufficiency of the security. In his judgment Wells, J., at p. 364, said: The right of the plaintiff to recover in this action does not depend upon the sufficiency or insufficiency of his security. Until his whole debt is paid, he cannot be deprived of any substantial part of his entire security without full redress therefor.

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