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  • Out of the penalty box: Ontario Court of Appeal upholds lender’s fee after finding it is not an unenforceable penalty

Out of the penalty box: Ontario Court of Appeal upholds lender’s fee after finding it is not an unenforceable penalty

Alina Butt, Jeremy Opolsky, Mike Noel, Aaron Emes and David Outerbridge of Torys summarize a recent Ontario Court of Appeal decision considering whether a facilitation fee charged for putting together a loan constituted an unenforceable penalty.