Can a mortgagee obtain an injunction to restrain the removal of machinery from the mortgaged premises?

Saskatchewan, Canada


The following excerpt is from Holland-Canada Mortgage Co., Ltd. v. Fraser, 1926 CanLII 80 (SK CA):

The learned trial Judge based his judgment upon the statement made by Farwell, L.J., in Ellis v. Glover & Hobson Ltd. [1908] 1 K.B. 388, 77 L.J.K.B. 251, where that learned Judge, in referring to machinery affixed to the mortgaged premises, said: I think that a mortgagee would fail to obtain an injunction to restrain the removal of such fixtures unless he also proved that his security was deficient., or would become so by such removal, on the same principle that prevents the mortgagee from obtaining an injunction to restrain a mortgagor from cutting timber or committing waste in similar circumstances; nor could he obtain damages except in a case of deficiency of security, for he would have suffered none.

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