Ontario Barrister and Solicitor Practice Exam

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Is a conveyance and subsequent mortgage of Parcel B valid without new consent if the initial consent was obtained under the Planning Act?

  1. No, a new consent is needed for the mortgage

  2. Yes, since consent was initially obtained

  3. Only the conveyance is valid

  4. Only the mortgage is valid

The correct answer is: Yes, since consent was initially obtained

A conveyance and subsequent mortgage of Parcel B is valid without new consent if the initial consent was obtained under the Planning Act because consent for the sale and use of the land was already granted. Option A is incorrect because new consent is not needed for the mortgage. Option C is incorrect because both the conveyance and mortgage are valid. Option D is incorrect because both the conveyance and mortgage are valid, not just one or the other.

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