Does the payback of a cash payment constitute a prepayment penalty?
Nova Scotia, Canada
The following excerpt is from Scotia Mortgage Corporation v. Misener, 2016 NSSC 66 (CanLII):
However, the payback of a cash payment was distinguished from a prepayment penalty in Ter Borg v. Morris, 2012 BCSC 554, [2012] B.C.J. No. 743 at para. 31.
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