Is a mortgagee entitled to distrain for a half yearly payment in arrear?
Ontario, Canada
The following excerpt is from Hobbs v. Ontario Loan and Debenture Co., 1889 CanLII 10 (ON CA):
See also West v. Fritche, 3 Ex. 216, where it is laid down that the subsequent occupation by the mortgagor connected with the attornment clause, and the covenant to pay the rent, created the relation of landlord and tenant, although the mortgage had been executed by the mortgagor only, and that the mortgagee was entitled to distrain for a half-yearly payment in arrear.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How much reduction of payments under a WSIB plan for a disabled employee is reduced by any payment to which the disabled Employee is entitled for that month? (Ontario, Canada)
Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment? (Ontario, Canada)
Is a mortgagee entitled to be indemnified for the costs incurred to respond to a default by the mortgagee? (Ontario, Canada)
Is a mortgagee entitled to recover funds that are more than the principal amount advanced? (Ontario, Canada)
Is there overlap between the ODSP payments made to the mother and the board and lodging payments received by Antoni? (Ontario, Canada)
Is a dependent parent entitled to a direct payment of child support costs? (Ontario, Canada)
What is the test for an application to terminate spousal support for a 39 year old woman who has not made meaningful efforts to secure employment in the past 11 years? (Ontario, Canada)
In what circumstances will a husband's pension be used as security for payment of an equalization payment? (Ontario, Canada)
Is a defendant entitled to enriched costs over and over indemnity fees if there is no reasonable offer to settle a plaintiff's claim by payment of some amount? (Ontario, Canada)
Is a 21-year-old, living at home and attending college in Toronto, entitled to long-term support? (Ontario, Canada)
