567158 B.C. Ltd. v Chieftain Hotel Ltd.

567158 B.C. Ltd. v Chieftain Hotel Ltd.

Adjournment denied and order absolute granted because the property had been marketed for a reasonable period, offers were conditional or insufficient, indebtedness exceeded likely realizable value and delay would prejudice applicants; Campbell Saunders' nunc pro tunc joinder was not ordered without proper notice and...

Source-derived case information.

Citation
2000 BCSC 1916
Parties
Petitioner: 567158 B.C. LTD.; Respondent: CHIEFTAIN HOTEL LTD.; Respondent: DUNCAN WESTBY PHILLIPS; Respondent: LYNDA PHILLIPS; Respondent: WILLIAM DAVID WEBSTER; Respondent: JAMES BURRELL NESBITT; Respondent: GORDON FREDERICK WILLIAM GOOCH; Respondent: COMMUNITY FUTURES DEVELOPMENT CORPORATION OF HOWE SOUND; Respondent: ROYAL BANK OF CANADA; Respondent: THE CROWN IN RIGHT OF BRITISH COLUMBIA; Respondent: SPENCER FITSCHEN; Respondent: DDM ENTERPRISES LTD.; Respondent: VALERIE ROWSE; Respondent: KENNETH PICKERING; Respondent: CAMPBELL SAUNDERS LTD.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 April 2000
Procedural Posture
Mortgage Foreclosure / Application for Order Absolute and Adjournment Hearing
Outcome
Application for order absolute granted; application for adjournment denied; order joining Campbell Saunders nunc pro tunc vacated and liberty to apply preserved
Legal Topics
Foreclosure, Adjournment, Joinder Nunc Pro Tunc, Sale of Land, Costs
Source Language
english
Property Law Mortgage Civil Procedure Foreclosure Adjournment Joinder Nunc Pro Tunc Sale of Land Costs

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Parties

567158 B.C. LTD.

Petitioner

CHIEFTAIN HOTEL LTD.

Respondent

DUNCAN WESTBY PHILLIPS

Respondent

LYNDA PHILLIPS

Respondent

WILLIAM DAVID WEBSTER

Respondent

JAMES BURRELL NESBITT

Respondent

GORDON FREDERICK WILLIAM GOOCH

Respondent

COMMUNITY FUTURES DEVELOPMENT CORPORATION OF HOWE SOUND

Respondent

ROYAL BANK OF CANADA

Respondent

THE CROWN IN RIGHT OF BRITISH COLUMBIA

Respondent

SPENCER FITSCHEN

Respondent

DDM ENTERPRISES LTD.

Respondent

VALERIE ROWSE

Respondent

KENNETH PICKERING

Respondent

CAMPBELL SAUNDERS LTD.

Respondent

Procedural Posture

Mortgage Foreclosure / Application for Order Absolute and Adjournment Hearing

Legal Issues

  1. 1 Whether to adjourn proceedings to allow respondent to obtain counsel
  2. 2 Whether property has been reasonably marketed and whether sale should proceed
  3. 3 Whether to grant an order absolute (foreclosure)

Ratio Decidendi

Adjournment denied and order absolute granted because the property had been marketed for a reasonable period, offers were conditional or insufficient, indebtedness exceeded likely realizable value and delay would prejudice applicants; Campbell Saunders' nunc pro tunc joinder was not ordered without proper notice and was vacated from the order, with liberty to apply.

Court Disposition

Application for order absolute granted; application for adjournment denied; order joining Campbell Saunders nunc pro tunc vacated and liberty to apply preserved

Orders

  • Order absolute granted in the terms of the notice of motion dated April 4, 2000
  • Order joining Campbell Saunders Ltd. nunc pro tunc vacated