What are some cases relied on by the Federal Court of Justice in the context of a mortgage application?
Alberta, Canada
The following excerpt is from Farm Credit Corp. v. Lacombe Nurseries Ltd., 1990 CanLII 5605 (AB QB):
The McDowall v. Phippen case, supra, and the Bloomfield v. Hellyer case, supra, relied on by F.C.C. are distinguishable from the present case because in those cases the landowner mortgagor owned the growing crops at the material times, at least until the mortgagee obtained possession of the land in a foreclosure action.
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