1026238 B.C. Ltd. v. Pastula

1026238 B.C. Ltd. v. Pastula

Leave to appeal was denied because the appellants failed to show a prima facie meritorious appeal: s.21 FDMA does not require notice on assignment and s.22 nullity did not apply; appellants' asserted equitable set-off and duty of good faith lacked the factual and legal footing required to go to the root of the...

Source-derived case information.

Citation
2017 BCCA 118
Parties
Respondent (petitioner): 1026238 B.C. Ltd.; Appellant (respondent): Gordon Barry Pastula; Appellant (respondent): Catherine Grace Pastula also known as Catherine Grace Picco
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
14 March 2017
Procedural Posture
Foreclosure Petition; Application for Leave to Appeal / Application for Leave to Appeal (in Chambers)
Outcome
Application for leave to appeal dismissed; all ancillary applications dismissed
Legal Topics
Foreclosure, Farm Debt Mediation Act Notice Requirements, Equitable Set Off, Duty of Good Faith (bhasin), Leave to Appeal Test, Injunction Against Lawyer
Source Language
english
Property Law Civil Procedure Appeal Agricultural Law Professional Regulation Foreclosure Farm Debt Mediation Act Notice Requirements Equitable Set Off +3 more

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Parties

1026238 B.C. Ltd.

Respondent (petitioner)

Gordon Barry Pastula

Appellant (respondent)

Catherine Grace Pastula also known as Catherine Grace Picco

Appellant (respondent)

Procedural Posture

Foreclosure Petition; Application for Leave to Appeal / Application for Leave to Appeal (in Chambers)

Legal Issues

  1. 1 Whether s.21 of the Farm Debt Mediation Act required notice on assignment of a farm mortgage and whether s.22 renders the foreclosure nullity
  2. 2 Whether the appellants raised a triable equitable set-off sufficient to defeat an order nisi of foreclosure
  3. 3 Whether a contractual duty of good faith arose from alleged forbearance and passed to assignee

Ratio Decidendi

Leave to appeal was denied because the appellants failed to show a prima facie meritorious appeal: s.21 FDMA does not require notice on assignment and s.22 nullity did not apply; appellants' asserted equitable set-off and duty of good faith lacked the factual and legal footing required to go to the root of the petitioner's claim; alleged undervaluation caused no compensable loss; and the injunction against Mr. Carten barred his participation.

Court Disposition

Application for leave to appeal dismissed; all ancillary applications dismissed

Orders

  • Leave to appeal dismissed
  • Applications for stay of foreclosure, extension of time to file appeal books, and leave to retain John Carten dismissed