Jamieson v. London and Canadian Loan and Agency Co.

Jamieson v. London and Canadian Loan and Agency Co.

The lessor's written consent to the particular mortgage must be read as consenting to the normal legal and equitable incidents of that mortgage, including the mortgagee's right to release the debt and reconvey the security; therefore the mortgagee could effect a discharge/reconveyance without a further license from the lessor and the appeal fails.

Citation
(1899) 30 SCR 14
Parties
Lessor / Appellant: Philip Jamieson; Mortgagee / Respondent: The London and Canadian Loan and Agency Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 October 1899
Procedural Posture
Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for Ontario; Final Judgment on the Merits
Outcome
Appeal dismissed with costs
Legal Topics
Assignment of Lease, Mortgage Discharge, Lessor's Consent, Reconveyance, Abandonment of Security
Source Language
English
Property Law Equity Mortgages Leases Assignment of Lease Mortgage Discharge Lessor's Consent Reconveyance +1 more

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Parties

Philip Jamieson

Lessor / Appellant

The London and Canadian Loan and Agency Company

Mortgagee / Respondent

Procedural Posture

Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for Ontario; Final Judgment on the Merits

Legal Issues

  1. 1 Whether a mortgagee may release the debt and reconvey/revest the leasehold security without a new consent from the lessor who had previously consented to the mortgage assignment
  2. 2 Construction and scope of the lessor's written consent to an assignment by way of mortgage
  3. 3 Whether reconveyance to the mortgagor to avoid liability under lease covenants requires further lessor consent

Ratio Decidendi

The lessor's written consent to the particular mortgage must be read as consenting to the normal legal and equitable incidents of that mortgage, including the mortgagee's right to release the debt and reconvey the security; therefore the mortgagee could effect a discharge/reconveyance without a further license from the lessor and the appeal fails.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs