Private Restrictive Covenants and Rights-Of-Way #245

Legally Speaking

By Gerry NeelyB.A., LL.B. Three columns 1 have discussed cases where a seller’s inability to clear the title of a private easement, allowed purchasers to repudiate contracts because of paragraph one of the Contract of Purchase and Sale. It allows restrictive covenants and rights-of-way that are in favour of only utilities and public authorities to remain on

Criminal Rate of Interest #243

Legally Speaking

By Gerry NeelyB.A., LL.B. An interest rate in excess of 60% is illegal under Section 347 of the Criminal Code. In one case, a $10,000 bonus on an advance of $180,000, secured by a mortgage for $190,000, to be repaid in 30 days without interest, resulted in an effective annual interest rate of 89%. The

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