The Superior Court applies restrictive interpretation to additional hypothecs

Download this publication

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.

Back to the publications list

Stay tuned for the latest legal news. Subscribe to our newsletter.

Subscribe to publications