When most people think of a mortgage, they picture a formal document registered on title that creates a legal charge against real property. But Canadian law also recognizes another type of mortgage known as an equitable mortgage. Unlike a legal mortgage, an equitable mortgage can exist even if the agreement is informal or not properly […]
In the Supreme Court of British Columbia’s decision in Bali v. 1292795 B.C. Ltd., 2025 BCSC 1316, Justice Douglas ordered the discharge of a Certificate of Pending Litigation (CPL) after finding that the petitioners had failed to properly plead the existence of an equitable mortgage. The petitioners claimed they were entitled to register a CPL
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