In an unusual trial decision a decade in the making, the court has denied a bank – and ultimately, its default insurer – recovery against a fraudulent straw buyer, on the basis that the bank had participated in the fraud. TD Bank v. Whitford (2020 ABQB 802) was the decision after a trial wherein the […]

Case Commentary on Carbone v McMahon, 2020 ABCA 388 In a new decision, the Alberta Court of Appeal has confirmed the court’s usage of “virtual court” proceedings during the Covid-19 pandemic, denying rescheduling to a litigant who wanted to make her arguments in person. Carbone v. McMahon (2020 ABCA 328) was an appeal to the […]

As legal counsel to mortgage lenders, we are frequently asked by second or third mortgage lenders whether they should pay the arrears on a prior mortgage that is in default. Fundamentally, this is a business decision, not a legal one, but there are several factors that a mortgage lender should consider when making this decision. […]