Practice Newsletter:

Financing $tatements
Summer, 2007

Security Interest In Securities - British Columbia's New Securities Transfer Act and the PPSA

Lender Entitled To $1 Million Early Termination Fee

Check Those Old Guarantees To Avoid Six-year Limitation Period Trap

Financing $tatements
October, 2006

Unless Suspicions of Fraud are Aroused, Mortgagees Entitled to Rely on State of Title

Mortgagees in Possession: Avoiding Liability Through Effectively Worded Estoppel Certificates and Non-Disturbance Agreements

Email Demand Found Effective Compliance with Demand Requirement of Guarantee
The Court Will Consider Substance Over Form

Derivatives Industry Lobbies for Further Changes to Bankruptcy and Insolvency Legislation

Financing $tatements
July, 2006

The Restraint and Forfeiture of Real Property Under the Controlled Drugs and Substance Act

Court of Appeal Clarified Law Relating to Section 8 of the Canada Interest Act

Not a True Lease, That is the Answer

Creditor Out of Luck Even When Discharge of Security Unauthorized

Financing $tatements
February, 2006

Amendments to Insolvencey Legislation Passed But Not Yet in Force - Priority for Unpaid Wage Earners Over Secured Creditors

Pre-Agreement and Blanket Registration Under the PPSA

True Lease or Not True Lease? Is it Conditional? Avoiding Unexpected Exposure to Tort Liability

Amendments to Law Governing Disclosure of the Cost of Consumer Credit Delayed

Clark Wilson LLP Welcomes Brent Clark

Financing $tatements
Summer, 2005

Honest Conduct Not Enough to Save the Bank

Creditors Should Check Limitation Periods on Guarantees

SCC Addresses Vacancy and Standard Mortgage Clause

Clark Wilson LLP Launches RSS Feeds

Financing $tatements
Spring, 2005

Independent Legal Advice to a Guarantor May Not Be Sufficient to Protect a Lender

Secured Creditors Not Restricted to Single Means of Recovery

Mortgage Modification Agreements and Liability of Covenantors

Clark Wilson LLP

Financing $tatements
Winter, 2004/2005

How do the Trust Provisions of the Builders Lien Act Affect Lenders?

Landlord Consents and Waivers

Garnishing Orders: Obligations of the Garnishee

Consumer Protection Legislation in British Columbia

Financing $tatements
July, 2004

High-Risk Lenders Receive Good News

The Duty to Advise Customers to Life Insure Mortgages

Caution to Purchase Money Lenders: Bank Act s. 427 Security Continues to Take Priority Over Subsequent "PMSI"

Bilkey v. Whitmore Estates

Clark Wilson LLP Websites Win Top Honours

Financing $tatements
Spring, 2004

E-Filing to be Made Available for Land Title Office Registrations

Land Title Activity Advisory Service

Crystalline Investments Ltd. v. Domgroup Ltd. - Here's What it Means

Senate Committee Recommendations for Reforms to the Bankruptcy and Insolvency Act and the Companies Creditors Arrangement Act

Financing $tatements
Fall, 2003

Revised Real Estate Undertakings and the 30/30 Law Society Rule

The Shimco Decision

Bank Liable for Negligent Misrepresentation

Ceiling Lifted for High-Ratio CMHC Mortgages

Clark Wilson LLP Proud to be "Fat"!

Financing $tatements
Spring, 2003

Bank Not Liable for Dealing with Endorsed Cheque

Large Value Transfer System

Calling in Demand Loans - What is "Reasonable Notice"?

Letters of Credit - When Should an Issuing Bank Pay Out?

Financing $tatements
November, 2002

Calling in Loans - The Bank's Duty to the Borrower

Cost of Consumer Credit Disclosure Act

Undue Influence

New Privacy Legislation on the Horizon

Financing $tatements
August, 2002

The New Business Corporations Act

The Importance of Section 18 Demands Under the PPSA

Disturbing Court Decision in PPSA Case

Supreme Court of Canada Brings Interest Awards in Line With Commercial Realty

Court Upholds Validity of Multi-Purpose Mortgages

Financing $tatements
March, 2002

The Newly Revised CBCA - Removal of Financial Assistance Prohibitions

Letters of Credit and the Principle of Autonomy

Increases in the Interest Rate Chargeable and the Interest Act (Canada)

The Uniform Law Conference of Canada

Financing $tatements
July, 2001

Revised UCC Article 9

Definition of PMSI Expanded by Ontario Court of Appeal

PPSA Rights For Guarantors?

General Assignments of Book Debts - Which Jurisdiction to Register In?

A Bank's Duty to Enquire

Financing $tatements
Fall, 2000

The New Strata Property Act: Points of Interest for Lenders

To Seal or Not to Seal?

Land Titles Electronic Filing System

Landlord's Right of Distress Against Goods Subject to Section 427 Security

Financing $tatements
Spring, 2000

Bank Held Liable for Exemplary Damages for its "Egregious Conduct" in Obtaining Receivership Order

Guarantors Released Because Bank Unilaterally Allowed Borrower to Exceed Credit Limit

Limited Recourse Clauses and the Doctrine of Marshalling

Resisting Payment on a Letter of Credit

Financing $tatements
Summer, 1999

Change in Practice Because of Goodyear Case?

Proposed Legislation to Permit Eligible Foreign Banks to Establish Branches in Canada

Remember Those Landlord Consents

Further Clarifying the Law Regarding Certified Cheques

Financing $tatements
Fall, 1998

Y2K Issues for Lenders

Recent Amendment to the Builder's Lien Act

Register Those Leases Under the PPSA

New Legislation to Improve the Efficiency of Canada's Money Markets

Practice Publications:

Guarantees - Acting for Lenders and Borrowers