Marriott and Dunn: Practice in Mortgage Remedies in Ontario, Fifth Edition provides the most comprehensive step-by-step review of the procedures governing foreclosure, judicial sale, and power of sale in Ontario. The foreclosure, judicial sale, and redemption process, as it is governed by Rule 64 of the Rules of Civil Procedure and three centuries of common law, are methodically reviewed from the preliminary matters, compliance with notice requirements, the identification of proper parties, pleadings, defences, default and summary foreclosure proceedings, redemption and/or sale rights, and the document registration procedure under electronic registration. The reference process itself is methodically reviewed from the first appointment to the referee's report. This includes adding parties, proving claims, taking accounts, determining priorities, fixing the redemption period, granting final orders of foreclosure, and final orders for sale.

The judicial sale procedures after the judgment or final order for sale, including appraisal requirements, conditions of sale, the methods of conducting a judicial sale, including abortive sales, interim sale practice, and the final accounting procedure are covered extensively. Specific issues concerning claims by interested parties including spouses, minors, construction lien claimants, bankrupts, dissolved corporations, parties who acquire an interest pendente lite and others, and costs receive specific attention.

Fifteen chapters provide the busy practitioner with a ready reference to every aspect of the power of sale remedy with the most comprehensive case law review of the process in Ontario.

Topics covered include

• The notice of sale itself
• Including parties to be served and the service requirements
• Sale without notice, the right to redeem
• Injunctive relief, the marketing process
• Mortgagee's duties in conducting the sale
• The registration process
• Accounting for the sale proceedings, and
• Costs

About Thomson Reuters ProView

ProView is the way to read Thomson Reuters eBooks and eLooseleafs, published primarily for legal, accounting, human resources, and tax professions. You can download the ProView app at no cost for your tablet or computer, or sign in to the cloud-based version. Synced to the cloud, ProView lets you switch devices while keeping place in your research. You can also access your downloaded eBooks offline, and any notes you take will be saved and synced the next time you connect.