In what circumstances would an equitable mortgage have been in violation of the Planning Act?
Ontario, Canada
The following excerpt is from Elias Markets Ltd., Re, 2006 CanLII 31904 (ON CA):
In that context, the equitable mortgage would not have been in violation of the Planning Act, because it would have arisen prior to amalgamation. As already discussed, this is a key factual difference between this case and Scherer v. Price Waterhouse.
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