Legal Blog

Mortgage Enforcement

TD Bank v. Andrade 2025 Ont SCJ

Mortgagee moved for possession of mortgaged property. The occupant claimed that he was an owner; the titled owner claimed that the occupant was a squatter with no title. The judge ignored the dispute because the occupant had not paid the mortgage payments or condo fees and, even if he were a beneficial owner, he was obliged to do so. Further, the fact that the occupant claimed, without commencing an action, that the mortgagee knowingly assisted the titled owner was not a reason to disallow the mortgagee to realise on its security.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.