Canada Case Law

Moonraker Ventures Ltd. v. Veri

Court

Supreme Court of British Columbia

The court found Veri qualified as a "farmer" under the Act (field-grown cannabis and cattle constitute farming carried on for commercial purposes), and either found him insolvent or held insolvency is not a precondition to the creditor's duty to give s.21 notice; Moonraker failed to provide the notice in the form established by the Minister and omitted essential information, and because s.22 makes acts done in contravention of s.21 null and void without statutory discretion to validate them, the foreclosure proceedings are void ab initio.

Source excerpt

• Farm debt mediation act s.21 notice requirements
• S.22 nullity remedy
• Definition of "farmer" and commercial purpose
• Eligibility for stay under s.5 and insolvency under s.6
• Notice sufficiency and form
• Remedial statutory interpretation

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

Court

Supreme Court of British Columbia

The court refused special costs, awarding Scale B costs to L.S.B. for the foreclosure appeal and to J.K.P. for the family and civil actions.

• Costs orders
• Special costs
• Appeal
• Redemption of mortgage
• Division of family assets
• Punitive damages

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Braich (Re)

Court

Supreme Court of British Columbia

The applicant proved a qualifying debt and two acts of bankruptcy, including a writ returned nulla bona. The court made a bankruptcy order and appointed a trustee.

• Acts of bankruptcy
• Secured creditor valuation
• Writ of execution returned nulla bona
• Vendor take-back mortgage
• Appointment of trustee
• Costs

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Zwiro Holdings Ltd. v. Milanovic

Court

Supreme Court of British Columbia

The court enforced a settlement agreement over Powell River properties, found valid consideration and no unconscionability, and awarded $295,812.50 plus interest.

• Settlement agreement enforcement
• Consideration (forbearance)
• Unconscionability
• Fiduciary duty
• Duty of honest performance/good faith
• Laches

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0742848 B.C. Ltd. v. 426008 B.C. Ltd.

Court

British Columbia Court of Appeal

Appeal dismissed on a s. 9(6) review. The court upheld refusal to extend time to appeal and found no reasonable apprehension of bias from a former partnership.

• Extension of time
• Strike under rule 9-5
• Dismissal under rule 9-6
• Duty of care in foreclosure
• Civil conspiracy
• Trespass

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Dhillon v. Robertson

Court

Supreme Court of British Columbia

The court held the 2009 transfer of the Abbotsford property was a bona fide sale, not a trust arrangement or disguised mortgage, and awarded the foreclosure surplus and arrears to the defendants.

• Constructive trust
• Buy-back agreement/option to repurchase
• Disguised mortgage
• Foreclosure surplus proceeds
• Use and occupation/rent arrears
• Issue estoppel/res judicata

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Brekka v. 1012525 P.E.I. Inc.

Court

Nova Scotia Court of Appeal

On the facts the Court upheld the motions judges: there was no binding oral settlement and the appellant failed to prove part performance because her acts were not unequivocally referable to the alleged agreement, so s.7(d) Statute of Frauds barred enforcement; further, an unregistered corporation carrying on business in Nova Scotia cannot commence or maintain proceedings connected to that business under s.17(1) of the Corporations Registration Act, and the motions judge properly remedied the defect by adding the assignor as plaintiff and ratifying the Sheriff’s sales rather than quashing pro…

Source excerpt

• Part performance
• Enforcement of alleged settlement
• Foreclosure sale confirmation
• Corporate registration requirement
• Amendment of pleadings
• Costs

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Estate of Myrtle Evertt Peterson, Re:

Court

Supreme Court of British Columbia

Passing of accounts in an estate matter: the Registrar approved most entries, added a CPP death benefit, disallowed unproven loans, and allowed repairs, legal fees, and executor remuneration.

• Executor remuneration
• Accounting of estate assets and liabilities
• Wills act s.11 witness disqualification
• Cpp death benefit
• Loans between family and corporate entities
• Reimbursement for repairs to estate property

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