What is the test for obtaining an injunction to prevent a vendor take-back mortgage from being used in a power of sale action?
Ontario, Canada
The following excerpt is from 2247267 Ontario Inc. v. 2038697 Ontario Limited, 2014 ONSC 2717 (CanLII):
The plaintiff relies on the decision of Newbould J. in Mackovic v. Dudo Developments Limited, 2007 CarswellOnt 5219 (ONSC). The fact situation is certainly very similar to the extent that it involved an agreement to purchase lands and a vendor take-back mortgage. In an action for negligent misrepresentations and latent defects, the plaintiffs were granted an injunction to restrain the defendants from selling the land under power of sale pending the trial.
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