Can an equitable mortgage be established by oral evidence alone?
Nova Scotia, Canada
The following excerpt is from Gibson Estate (Re), 2017 NSSC 68 (CanLII):
In addition, the existence of an equitable mortgage created by delivery of a title deed can be established by oral evidence alone: Budzyk v. Thunder Bay Ventures, 1997 CarswellOnt 383 (O.C.J., G.D.).
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