Canada Case Law

J.K.P. v. L.S.B.

Court

Supreme Court of British Columbia

The appeal was allowed and the order absolute set aside because the Associate Judge failed to consider evidence indicating sufficient equity in the properties and a reasonable prospect of repayment through division of family assets; the redemption period was extended to permit redemption via the Family Law Act property division. On the merits of the family action, the court reapportioned family equity 80%/20% in favour of J.K.P., awarded lump‑sum child support and set off civil damages against amounts owing so that title to the two properties will be transferred into J.K.P.'s name with specif…

Source excerpt

• Foreclosure and redemption
• Assignment/substitution of mortgage
• Reapportionment of family property
• Mid‑trial amendment of pleadings
• Child support for adult children
• Special/extraordinary expenses under guidelines

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Froese v. Sharif

Court

Supreme Court of British Columbia

The court found Omar Sharif liable for fraudulent misrepresentation in a property sale and dismissed the claim against notary Susan Tong, while partially allowing his mortgage claim.

• Fraudulent misrepresentation
• Negligent misrepresentation
• Notary conflict of interest
• Vendor take back mortgage
• Illegality defence
• Damages

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Salmon Arm Savings and Credit Union v. Borairi

Court

Supreme Court of British Columbia

The court held that two MPIP insurance charges and a progress inspection fee were properly added to the mortgage debt, but pre-foreclosure legal fees required assessment.

• Redemption amount
• Insurance charges
• Advance/progress inspection fee
• Pre-foreclosure legal fees and assessment
• Per diem interest calculation
• Order nisi

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British Columbia (Minister of Competition, Science and Enterprise) v. Delta Fraser Properties Partnership

Court

Supreme Court of British Columbia

The court extended the redemption period in a foreclosure matter involving Burns Bog, finding sufficient security and a reasonable prospect of payment.

• Extension of redemption period
• Order nisi/order absolute
• Reasonable prospect of payment
• Sufficiency of security
• Impact of pending litigation on foreclosure
• Foreclosure

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