Does a mortgagee have to have given notice to a mortgagor that they intend to treat him as a tenant?
Ontario, Canada
The following excerpt is from Trust and Loan Co. of Canada v. Lawrason et al., 1881 CanLII 11 (ON CA):
[44] The case of Clowes v. Hughes, L.R. 5 Ex. 160, which was strongly relied on by one of the counsel for the appellants appears to me to be entirely inapplicable. The mortgagor there was not to become tenant until after default in payment, and it was held that the mortgagees be ore they could distrain, were bound to have given him notice that they intended to treat him as tenant and not as mortgagor in default.
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