Canada Case Law

Genesis Mortgage Investment Corp. v. Blais

Court

British Columbia Court of Appeal

Leave to appeal was granted and a stay ordered because the issue of whether a lender awarded indemnity costs in foreclosure can be compelled to disclose privileged legal invoices and submit to an assessment before redemption is novel and important, the appeal has arguable merit, Genesis would suffer irreparable harm from an immediate waiver of solicitor‑client privilege, and the balance of convenience favoured a stay given the respondents' protections and concessions.

Source excerpt

• Indemnity costs
• Assessment of costs
• Right of redemption
• Stay of execution
• Waiver of privilege

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Equitable Bank c. Bitchoka

Court

Court of Appeal for Ontario

La Cour d’appel de l’Ontario refuse un sursis à l’expulsion en attendant l’appel et accorde des dépens à la banque sur une base d’indemnisation substantielle.

• Stay pending appeal
• Summary judgment
• Mortgage power of sale
• Balance of convenience
• Costs
• Sursis-en-attendant-lappel

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Ni v. Liu

Court

Supreme Court of British Columbia

The court dismissed Hui Liu and ZF Farm Ltd.’s attempt to revisit an adjournment order, declared them vexatious litigants, and awarded special costs to Ming Yu Ni.

• Adjournment
• Vexatious litigant order
• Special costs
• Abuse of process
• Collateral attack on orders
• Self‑represented litigant conduct

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SpringCreek Capital Corp. v. Full Spectrum Medical Inc.

Court

Supreme Court of British Columbia

The court approved SpringCreek’s $650,000 sale of ALR property after 19 months of marketing and dismissed Chase’s preservation application.

• Conduct of sale
• Provident sale
• Preservation order
• Mortgage priority dispute
• Market valuation
• Building code compliance

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Amur Capital Income Fund Inc. v. 1365650 B.C. Ltd

Court

Supreme Court of British Columbia

The court set aside an order nisi in a foreclosure matter after defective substituted service, premature hearing, and prejudicial interest-rate error.

• Service of process
• Substituted service
• Common law service
• Irregularity under rule 22-7
• Slip rule (rule 13-1(17))
• Interest act compliance

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Dhillon v. Tennant

Court

Supreme Court of British Columbia

The court dismissed a stay application in a foreclosure matter, finding no arguable appeal, no irreparable harm, and that the balance of convenience favoured purchasers.

• Stay pending appeal
• Vacant possession
• Order for sale
• Balance of convenience
• Irreparable harm
• Bona fide purchaser

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Aujla v. 0775740 B.C. Ltd.

Court

Supreme Court of British Columbia

The court addressed a failed Royal Bay joint venture, finding the agreement was partly oral and partly written and that the parties were personally bound as co-venturers and co-obligors.

• Joint venture
• Contribution and indemnity between co-obligors
• Accounting of contributions
• Fraudulent conveyance
• Breach of fiduciary duty
• Parol evidence and partly oral contracts

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First Circle Mortgage Investment Corporation v. Movassaghi

Court

Supreme Court of British Columbia

The court dismissed an appeal from approval of a foreclosure sale, holding the mortgagee marketed the property in a businesslike manner and the $1.895 million price was provident.

• Order approving sale
• Businesslike marketing
• Provident sale
• Appraisal vs market evidence
• Standard of review (correctness)
• Foreclosure-sale-approval

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AG(NS) v. Ernst

Court

Supreme Court of Nova Scotia

The Confirmatory Order of September 9, 2020 vested possession and title of 44 Jackson Drive in CIBC, which, given the promissory notes required continued ownership and occupation, established a breach that the Defence cannot reasonably contest on the pleadings; the prior court order may be relied upon as a public record on a motion under Rule 13.03, therefore the Defence discloses no sustainable defence and summary judgment for the Plaintiff is warranted.

Source excerpt

• Forgivable loan forgiveness conditions
• Summary judgment on pleadings
• Collateral attack on court order
• Equity of redemption
• Confirmatory foreclosure order
• Possession and title

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Dick v. Coquitlam (City)

Court

British Columbia Court of Appeal

Applications for extensions of time to appeal were dismissed, and the Court made a broad vexatious litigant order against Mr. Dick and related companies.

• Extension of time to appeal
• Vexatious litigant order
• Res judicata
• Summary judgment
• Rule 9-6
• Rule 9-7

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