What is the test for obtaining financial assistance prior to executing a mortgage?
Saskatchewan, Canada
The following excerpt is from Sperling Estate v. Heidt, 1999 CanLII 12462 (SK QB):
In Morrison v. Coast Finance Ltd. et al. (supra), the plaintiff was a widow of 79 years with meagre means. She requested help prior to executing a mortgage to be registered against her home. She received none of the proceeds and had not the means to make the payments. The defendants took advantage of her “obvious ignorance and inexperience”.
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