Is a mortgagee entitled to recover a portion of the mortgaged property which has been repossessed but which has subsequently been reclaimed?

MacLennan J.A. cites numerous authorities for this proposition and it should be given considerable weight. He cited the case of Gowland v. Garbutt (1867), 13 Gr. 578, where a mortgagee had put it out of his power to recover a part of the mortgaged property but had afterwards obtained it back. It was held by Mowat V.-C. [at p. 583] that: ... mortgaged property cannot be redeemable and irredeemable, from time to time, and the mortgage debt discharged and revived, at the mere pleasure of the mortgagee and those claiming under him. The right to foreclose once gone is, I apprehend, gone forever...