Is there any case law where a lender under a demand mortgage can introduce evidence that they intended to demand repayment at the time of the borrower's death?
British Columbia, Canada
The following excerpt is from Canada Mortgage and Housing Corporation v. 447136 B.C. Ltd., 2014 BCSC 480 (CanLII):
A similar issue arose in Bilkey et al v. Paul et al, 2004 BCSC 167 where the lenders under a demand mortgage granted to a family member sought to introduce evidence that they never intended to demand repayment until the borrower’s death. As in the case at bar, the question before the court was whether the claim on the mortgage was statute barred. Mr. Justice Edwards held the evidence of intention to be inadmissible:
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