Mortgage Broker Mistakes That Lead To Litigation

Posted on June 25, 2026June 25, 2026 by Andy MacDonald

Inadequate or Non-existent Suitability Assessments The key question every litigator will ask as is, “was this mortgage appropriate for this borrower at the time it was arranged”? A good Mortgage Broker would have clearly answered this question in the affirmative and documented it in the mortgage file. In my experience, most Mortgage Brokers and Mortgage Agents fail to document their assessments and some fail to even consider if the mortgage they arranged was suitable for the bo...

Who are you relying on for advice?

Posted on December 5, 2025December 5, 2025 by Andy MacDonald

I was recently hired to offer my expert opinion on a litigation case where a handful of investors agreed to participate in a syndicated private second mortgage on a commercial building. There were many red flags with this transaction but the thing that stuck out the most to me was the lack of experience amongst the multiple mortgage brokers and agents that were involved in the transaction. Most of them had only been in the business for a few years. There was some phuckery involved in the transa...

Suitability: A Legal Perspective

Posted on March 25, 2025May 27, 2025 by Andy MacDonald

Mortgage brokers play a crucial role in Ontario’s private lending market, acting as intermediaries between borrowers and private mortgage investors. While their primary function is to facilitate lending transactions, they also bear a significant responsibility to ensure that any mortgage investment they recommend is suitable for the investor’s risk tolerance, experience level, and financial objectives. Failure to do so can lead to legal liability, financial losses, and professional misconduct a...