CMIC v. Virdi et al

CMIC v. Virdi et al

The court concluded that the balance of prejudice favoured the respondent innocent owner faced with alleged forgery and therefore adjourned the foreclosure application to permit investigation and advice; the petitioner’s request for immediate foreclosure relief was not granted at this time.

Source-derived case information.

Citation
2005 BCSC 323
Parties
Petitioner: CMIC MORTGAGE INVESTMENT CORPORATION; Respondent: JASPAL VIRDI; Respondent: BAJAN KAUR VIRDI; Respondent: THOMAS RICHARD MARKHAM
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 March 2005
Procedural Posture
Foreclosure Petition / Adjournment Hearing on Petition Seeking Order Nisi
Outcome
Application adjourned
Legal Topics
Forgery, Foreclosure, Redemption Period, Adjournment, Land Title Assurance Fund, Conversion to Action, Service and Appearance, Costs
Source Language
english
Real Property Mortgage Law Fraud Land Title Forgery Foreclosure Redemption Period Adjournment +4 more

Source-derived case record

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Parties

CMIC MORTGAGE INVESTMENT CORPORATION

Petitioner

JASPAL VIRDI

Respondent

BAJAN KAUR VIRDI

Respondent

THOMAS RICHARD MARKHAM

Respondent

Procedural Posture

Foreclosure Petition / Adjournment Hearing on Petition Seeking Order Nisi

Legal Issues

  1. 1 Whether mortgage registration is effective given a forged transfer of title
  2. 2 Rights and priorities of a registered mortgagee versus an innocent registered owner who is a victim of forgery
  3. 3 Whether the petition should be adjourned to allow the alleged innocent owner to investigate remedies including a claim under the Land Title Act assurance fund

Ratio Decidendi

The court concluded that the balance of prejudice favoured the respondent innocent owner faced with alleged forgery and therefore adjourned the foreclosure application to permit investigation and advice; the petitioner’s request for immediate foreclosure relief was not granted at this time.

Court Disposition

Application adjourned

Orders

  • Application adjourned to a date to be set no sooner than April 18, 2005
  • No order as to costs of this application