Caplan and Company Ltd v Lyons

Decided: 2026-10-15. Docket: AI25-30-10304. Citation: 2026 MBCA 84 (CanLII). Security interests — Mortgages — Enforcement — Power of sale — Summary judgment to enforce debt and mortgage — Vacant possession and sale of property sought following default — Mortgage registered and administered through mortgage broker — Mortgagee’s right to enforce confirmed — Appeal dismissed | Security interests — Mortgages — Transfer and transmission — Bankruptcy — Whether mortgagee became beneficial and legal owner entitled to enforce — Bankruptcy and Insolvency Act, ss. 49(1), 71 and The Real Property Act, CCSM c R30, ss. 49(1), 101(2) applied — Transmission and transfer on title recognised — Enforcement upheld — Appeal dismissed | Statutory interpretation — Mortgage regulation — Registration exemptions —