Canada Judgment

Supreme Court of Canada

Helo Enterprises Ltd. v. Standard Trust Co. (Liquidators of)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Broker's fees paid by mortgagors do not constitute interest and therefore are not included when determining whether an interest rate is criminal; because the interest rate calculated without those fees was not criminal, the mortgage and participation agreements were not void and the Court of Appeal's decision was affirmed; the appeal was dismissed with costs.

Court disposition

Appeal dismissed with costs; judgment of the British Columbia Court of Appeal affirmed.

Orders

  • Appeal dismissed with costs.

02

Material facts

Parties

Helo Enterprises Ltd.

Appellant Counsel: David W. Scott; J. A. Donald Bohun

Ernst & Young Inc., Liquidators for the Standard Trust Company in Liquidation

Respondent Counsel: William Kaplan; Scott A. Turner

03

Procedural history

  1. Posture

    Appeal / Supreme Court of Canada Decision on Appeal From the British Columbia Court of Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant argued that broker's fees paid by mortgagors should be treated as interest and included in the calculation of the effective interest rate, rendering the mortgage and participation agreements criminally usurious and therefore void and unenforceable.
Respondent
Respondent (liquidators) argued that broker's fees are not 'interest' and therefore are not included in calculating the interest rate; the effective interest rate (calculated without such fees) is not criminal and the agreements are enforceable.

05

Court’s reasoning

  1. 01

    Helo Enterprises Ltd. v. Standard Trust Co. (Liquidators of), [1996] 1 S.C.R. 183

    Broker's fees retained by mortgagors are not 'interest' and are excluded from rate-of-interest calculations.

  2. 02

    Helo Enterprises Ltd. v. Standard Trust Co. (Liquidators of), [1996] 1 S.C.R. 183

    If the interest rate calculated excluding non-interest charges is not criminal, the agreement is not void for usury.

06

Ratio, limits and disposition

Ratio decidendi

Broker's fees paid by mortgagors do not constitute interest and therefore are not included when determining whether an interest rate is criminal; because the interest rate calculated without those fees was not criminal, the mortgage and participation agreements were not void and the Court of Appeal's decision was affirmed; the appeal was dismissed with costs.

Court disposition

Appeal dismissed with costs; judgment of the British Columbia Court of Appeal affirmed.

  • Appeal dismissed with costs.

Source and reliance status

Supreme Court of Canada · 21 February 1996

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 21 February 1996

[1996] 1 SCR 183

Helo Enterprises Ltd. v. Standard Trust Co. (Liquidators of) Collection Supreme Court Judgments Date 1996-02-21 Report [1996] 1 SCR 183 Case number 23924 Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; McLachlin, Beverley; Iacobucci, Frank; Major, John C. On appeal from British Columbia Subjects Action Priorities and hypothecs Notes SCC Case Information: 23924 Decision Content Helo Enterprises Ltd. v. Standard Trust Co. (Liquidators of), [1996] 1 S.C.R. 183 Helo Enterprises Ltd. Appellant v. Ernst & Young Inc., Liquidators for the Standard Trust Company in Liquidation Respondent Indexed as: Helo Enterprises Ltd. v. Standard Trust Co. (Liquidators of) File No.: 23924. 1996: February 21. Present: La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, McLachlin, Iacobucci and Major JJ. on appeal from the court of appeal for british columbia Mortgages ‑‑ Interest ‑‑ Broker's fees ‑‑ Broker retained by mortgagors and paid for services ‑‑ Broker's fee not interest and not included in determination of rate of interest ‑‑ Interest rate (calculated without fees) not criminal. Interest ‑‑ Meaning of term ‑‑ Broker retained by mortgagors and paid for services ‑‑ Broker's fee not interest. APPEAL from a judgment of the British Columbia Court of Appeal (1993), 87 B.C.L.R. (2d) 118, 39 B.C.A.C. 61, 64 W.A.C. 61, 108 D.L.R. (4th) 415, allowing an appeal

from an order of Hardinge J. declaring mortgage and participation agreements void and unenforceable. Appeal dismissed. David W. Scott and J. A. Donald Bohun, for the appellant. William Kaplan and Scott A. Turner, for the respondent. The judgment of the Court was delivered orally by 1 La Forest J. ‑‑ We are all of the view that the appeal should be dismissed for the reasons given by Southin J.A. in the British Columbia Court of Appeal. The appeal is accordingly dismissed with costs. Judgment accordingly. Solicitors for the appellant: Amicus Law Centre, Victoria. Solicitors for the respondent: Blake, Cassels & Graydon, Vancouver.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Helo Enterprises Ltd. v. Standard Trust Co. (Liquidators of), [1996] 1 S.C.R. 183

Case cited

British Columbia Court of Appeal reasons (1993), 87 B.C.L.R. (2d) 118 (Southin J.A.)

Case cited

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.