Is a mortgagee acting in good faith and without fraud from the proper exercise of a power of sale?
Ontario, Canada
The following excerpt is from Aset Consulting Group Inc. v. Marcelino, 2009 CanLII 11431 (ON SC):
Courts will not generally restrain mortgagees acting in good faith and without fraud from the proper exercise of a power of sale: see Abraham v. Flesher [1998] O.J. No. 1772.
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