Canada Case Law

Jeffries v. Bayfield Mortgage Investment Corp.

Court

British Columbia Court of Appeal

Given the lengthy unexplained delay, the appellant's failure to take steps to prosecute the appeal, and the lack of merit or realistic prospect of success for an appeal premised on a self-created 'Bonded Bill of Exchange Order' as lawful payment, it was not in the interests of justice to remove the appeal from the inactive list; the chambers judge did not err and the application to vary is dismissed.

Source excerpt

• Removal from inactive list
• Abandonment of appeal
• No-fee application
• Validity of payment (bonded bill of exchange)

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Royal Bank of Canada v. Sutherland

Court

Supreme Court of British Columbia

The court granted personal judgment against Derek Jay Sutherland on the line of credit, refused personal judgment against Anahit Minasyan, and awarded her special costs.

• Personal liability
• Property law act s.22
• Assumption of liability
• Special costs
• Mortgage-foreclosure
• Personal-liability

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Edward Chapman, Limited v. FS Property Inc.

Court

British Columbia Court of Appeal

The Court of Appeal held that a counterclaim cannot be filed within a petition proceeding; it is available only in an action under the Civil Rules.

• Counterclaim
• Petition vs action
• Court procedure
• Conversion of proceeding
• Redemption period
• Limitation act

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The Toronto-Dominion Bank v. Buchholz

Court

Supreme Court of British Columbia

The court dismissed an application to set aside an order nisi of foreclosure, finding proper service, wilful non-appearance, and no meritorious defence.

• Service of documents
• Default judgment
• Order nisi
• Adjournment
• Wilful default
• Meritorious defence

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Sun West Financial Ltd. v. 0800978 BC Ltd.

Court

Supreme Court of British Columbia

Foreclosure petition sent to trial list after the court found alleged oral agreements could amount to a bona fide defence to the mortgage claim.

• Oral modification of mortgage
• Priority of charges
• Conversion of petition to action
• Defence vs counterclaim
• Mortgage arrears
• Pretrial procedure

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TCC Mortgage Holdings Inc. v. Pilot Pacific Developments Inc.

Court

Supreme Court of British Columbia

El Tribunal rechazó la tesis de una supuesta sociedad o acuerdo oral de capital, hizo ejecutables las garantías e hipotecas y desestimó la reconvención.

• Parol evidence rule
• Guarantee enforcement
• Mortgage enforcement and foreclosure
• Special costs
• Counterclaim dismissal
• Estoppel

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Khan v. Soni

Court

British Columbia Court of Appeal

Appeal dismissed. The Court of Appeal upheld striking pleadings that sought to relitigate mortgage foreclosure issues already determined and treated the claims as an abuse of process.

• Abuse of process
• Order nisi/order absolute
• Strike pleadings
• Jurisdiction of residential tenancy branch
• Abuse-of-process
• Res-judicata

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Canadian Imperial Bank of Commerce v. Ofume

Court

Nova Scotia Court of Appeal

Because the appeal raised at least arguable issues (notably misaddressed mailing of the taxation decision and potential jurisdiction under Rule 37.11), it would not serve the interests of justice to dismiss for non-perfection; therefore the Registrar's application was dismissed on stringent, time‑limited conditions requiring perfection of the appeal or automatic dismissal.

Source excerpt

• Dismissal for non-perfection
• Extension of time to appeal
• Taxation of costs
• Service/misaddressed mail
• Chambers review
• Rule 37.11

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HSBC Bank Canada v. Spencer & Others

Court

Supreme Court of British Columbia

In a foreclosure proceeding involving bankrupt registered owners, the court held the personal judgment claim should be discontinued, not dismissed, and ordered the parties to bear their own costs.

• Stay of proceedings
• Discontinuance vs dismissal
• Leave to proceed on personal covenant
• Costs in insolvency context
• Bankruptcy-stay
• Foreclosure

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Langley Lo-Cost Builders Ltd. v. 474835 Ltd.

Court

Supreme Court of British Columbia

The court refused special costs for alleged fraud allegations, but awarded increased costs because ordinary costs would produce an unjust result given the large disparity with actual fees.

• Special costs
• Increased costs
• Tariff of costs
• Fraud allegations
• Interest act
• Special-costs

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