What is the test for a description of a property in a mortgage?

Saskatchewan, Canada


The following excerpt is from Robillard v. Renwick and McCullough, 1926 CanLII 162 (SK CA):

In McCall v. Wolff (1885) 1885 CanLII 55 (SCC), 13 S.C.R. 130, at p. 133, in discussing the sufficiency of the description of certain chattels in a chattel mortgage, under the Manitoba Act requiring the same description as ours, Sir W. J. Ritchie, C.J., said: This need not be such a description as that with the deed in hand without other enquiry the property could be identified, but there must, in my opinion, be such material on the face of the mortgage as would indicate how the property may be identified if proper inquiries are instituted.

Other Questions


Is an owner of a property entitled to make a sale of the property himself notwithstanding that he has listed the property with an agent? (Saskatchewan, Canada)
Can a mortgagee who has sold the mortgaged property be reinstated in his right to sue for the mortgage debt? (Saskatchewan, Canada)
Does a purchaser of a mortgaged property have to indemnify the vendor against his personal liability to the vendor under a covenant to pay contained in the mortgage? (Saskatchewan, Canada)
Does a chattel mortgage need to be rescinded if the mortgagor is a tenant of a property where the mortgage was made prior to the tenant becoming a tenant? (Saskatchewan, Canada)
Can a mortgagee sue the mortgagor on the basis that the mortgaged property is not in a condition in which it was when the mortgage was signed? (Saskatchewan, Canada)
What action does a mortgagee in purchasing the mortgaged property at a tax sale place him in the position of holding the title, which he subsequently procures, subject to the right of the mortgagor to redeem? (Saskatchewan, Canada)
What is the effect of an agreement where an agent is required to pay a commission to a potential buyer of a property if the property is purchased directly or indirectly? (Saskatchewan, Canada)
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
If a contract to sell peas has a description clause that says that the peas are not ordered or sold by description, can the contract still be enforceable? (Saskatchewan, Canada)
Is a party who has been granted exclusive possession of a property a tenant of the property? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.