2642948 Ontario Inc. v. Jonny’s Antiques Ltd., 2025 ONSC 2059 скачать в хорошем качестве

2642948 Ontario Inc. v. Jonny’s Antiques Ltd., 2025 ONSC 2059

This week’s case review examines 2642948 Ontario Inc. v. Jonny’s Antiques Ltd., 2025 ONSC 2059, a decision addressing power of sale, certificates of pending litigation (CPLs), and peaceable possession under a commercial mortgage. The dispute arose after a vendor take-back mortgage matured and the mortgagor continued making interest-only payments for several years without paying down the principal. When the mortgagee ultimately moved to enforce its rights, the mortgagor sought and obtained an ex parte CPL and claimed an oral agreement allowed indefinite interest-only payments. The court set aside the CPL, finding material non-disclosure on the ex parte motion. It reaffirmed that mortgage amendments concerning interests in land must be in writing, rejected the alleged oral modification, and confirmed the mortgagee’s right to exercise its self-help power of sale remedy. The decision also provides a clear review of what constitutes “peaceable possession” in a commercial context and distinguishes between residential and non-residential properties when assessing whether a writ of possession is required. For real estate lawyers advising on vendor take-back mortgages, enforcement strategy, CPL risk, and power of sale remedies, this case offers practical and procedural guidance. Website https://ontariorealestatelawinsights.... Follow Ontario Real Estate Law Insights: Facebook: https://www.facebook.com/profile.php?... Instagram:   / onrealestatelawinsights   LinkedIn:   / ontario-real-estate-law-insights   Legal Disclaimer: This video and description are provided for general informational purposes only and do not constitute legal advice. Viewing this content does not create a solicitor-client relationship. Legal outcomes depend on the specific facts of each matter. Independent legal advice should be obtained before acting on any information discussed. #OntarioRealEstateLaw #PowerOfSale #VendorTakeBackMortgage #CPL #PeaceablePossession #CommercialRealEstate #MortgageEnforcement #OntarioCourts #CaseLawUpdate #RealEstateLitigation