If a mortgage is renewed, does the original mortgage set out the principal amount and the interest rate calculated half-yearly not in advance?

Ontario, Canada


The following excerpt is from Lacroix v. Bank of Montreal, 2004 CanLII 42931 (ON SC):

The original mortgage sets out the principal amount and the interest rate calculated half-yearly not in advance, and does not violate the Interest Act, assuming it did call for blended payments, however the renewal documents are not all as detailed, or are missing. I adopt the view of Feldman, J. in Mutual Trust Co v. Sanati Nov.17/1993, 46254/92 at paragraph 11 that “a renewal agreement must be examined on its own face to see if it calls for blended payments, and if so, if it complies with the requirements of s.6.”

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