696591 B.C. Ltd. v. Madden

696591 B.C. Ltd. v. Madden

A chambers judge's determination that issues raised by a summary trial application are unsuitable for summary disposition is an order under Rule 9-7(11) requiring leave to appeal; here the judge properly exercised discretion to refuse summary foreclosure because it would be unjust to decide it in isolation from...

Source-derived case information.

Citation
2014 BCCA 517
Parties
Appellant (plaintiff): 696591 B.C. Ltd.; Respondent (defendant): Lorene Sandra Madden; Respondent (defendant): Jason Madden; Respondent (defendant): Coastal Community Credit Union; Respondent (defendant): Tenant or Occupier of Subject Property
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
10 November 2014
Procedural Posture
Foreclosure; Summary Trial Application Under Rule 9 7 / Application for Directions and for Leave to Appeal From a Supreme Court Chambers Order
Outcome
Application for a direction that leave was not required dismissed; application for leave to appeal denied.
Legal Topics
Summary Trial, Rule 9 7, Leave to Appeal, Foreclosure, Proportionate Liability, Standard Mortgage Covenants
Source Language
english
Civil Procedure Mortgage Law Appeals Summary Trial Rule 9 7 Leave to Appeal Foreclosure Proportionate Liability +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

696591 B.C. Ltd.

Appellant (plaintiff)

Lorene Sandra Madden

Respondent (defendant)

Jason Madden

Respondent (defendant)

Coastal Community Credit Union

Respondent (defendant)

Tenant or Occupier of Subject Property

Respondent (defendant)

Procedural Posture

Foreclosure; Summary Trial Application Under Rule 9 7 / Application for Directions and for Leave to Appeal From a Supreme Court Chambers Order

Legal Issues

  1. 1 Whether the chambers judge's dismissal of the summary trial was under Rule 9-7(11) or Rule 9-7(15)
  2. 2 Whether leave to appeal is required for an order dismissing a summary trial as unsuitable
  3. 3 Whether the chambers judge erred in refusing an order nisi of foreclosure

Ratio Decidendi

A chambers judge's determination that issues raised by a summary trial application are unsuitable for summary disposition is an order under Rule 9-7(11) requiring leave to appeal; here the judge properly exercised discretion to refuse summary foreclosure because it would be unjust to decide it in isolation from related proceedings, and leave to appeal is denied.

Court Disposition

Application for a direction that leave was not required dismissed; application for leave to appeal denied.

Orders

  • Application for a direction that leave to appeal was not required dismissed.
  • Leave to appeal is required and is denied.