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The Superior Court applies restrictive interpretation to additional hypothecs

By : Benjamin David Gross, Spiridoula Vassilopoulos - February 2012

The scope of additional hypothecs was examined by the Superior Court on September 6, 2011 in the case of Banque Nationale du Canada v. Larouche.

At issue in this case was whether the additional hypothec provision contained in the deed of hypothec granted by Mr. Larouche in favour of the National Bank of Canada entitled the Bank to receive any proceeds from the sale by judicial authority of an immovable owned by Larouche, over and above what had been attributed pursuant to the principal hypothec also contained therein.

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