Is deposit of the deed to the land to be held as security a presumption of intention to create an equitable mortgage?
Nova Scotia, Canada
The following excerpt is from Gibson Estate (Re), 2017 NSSC 68 (CanLII):
Deposit of the deed to the land to be held as security creates a presumption of intention to create an equitable mortgage: Smirnow v. Charles, 1995 CarswellBC 2418 (S.C.).
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