Canada Case Law

Morteq Lending Corp. v. Kashani

Court

Supreme Court of British Columbia

Court treated the proceeding as a de novo review of mortgage validity, concluded the respondent failed to establish inequality of bargaining power or an improvident bargain and failed statutory unconscionability under the BPCPA, found no breach of s.6 of the Interest Act, and dismissed the application while varying the order nisi to deduct a conceded $500 post‑default charge from the redemption amount.

Source excerpt

• Unconscionability
• Predatory lending
• Business practices and consumer protection act
• Interest act s.6
• Redemption amount
• Suitability for chambers determination

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Nicola Mortgage Corporation v. Salinger

Court

Supreme Court of British Columbia

The court granted the final order of foreclosure because the April 2025 Forbearance Agreement was enforceable and estopped the respondents from seeking an extension of the redemption period, the respondent failed to establish a prima facie case in the related civil action and failed to demonstrate a reasonable prospect of repayment or that the balance of convenience favoured a stay, and the associate judge's order permitting hearing outside the Terrace registry was valid and not a nullity.

Source excerpt

• Forbearance agreement
• Redemption period
• Stay of proceedings
• Venue/local registry
• Estoppel
• Extension of redemption

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Antrim Balanced Mortgage Fund Ltd. v. Tang

Court

Supreme Court of British Columbia

Given extensive marketing over more than a year, only one bona fide offer of $3,200,000 was produced, there were no competing or sealed bids, and further delay would likely increase the petitioner's shortfall and risk municipal tax sale, the court concluded the sale process was businesslike, the offer represents market value and is provident, and approved the sale.

Source excerpt

• Sale approval
• Marketing and publicity of property
• Provident sale
• Redemption period
• Priority of mortgages
• Costs

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Singh v. Sidhu

Court

Supreme Court of British Columbia

Read as a whole the NOCC pleads material facts supporting a proprietary claim by way of a constructive trust arising from a predominant purpose conspiracy, thus the CPLs were valid; however, on the s.256/257 hardship analysis two CPLs (University Drive and Kelowna) caused non‑trivial hardship and were discharged subject to payment into court of net proceeds up to $100,000, while the CPLs on the two project properties were retained because the applicant failed to show the required causal connection between the CPLs and inability to obtain financing.

Source excerpt

• Certificate of pending litigation
• Constructive trust
• Civil conspiracy
• Tracing
• Hardship and inconvenience
• Land title act ss.215,256,257

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Collmann v. Rally

Court

Supreme Court of British Columbia

The court struck a civil claim against solicitors for a lender, finding no duty of care to the borrower and that the claims were unnecessary and an abuse of process.

• Strike under rule 9-5
• Duty of care to non-client
• Contribution and indemnity
• Abuse of process
• Frivolous pleadings
• Costs

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GC Capital Inc. v. Westfield Business Centre Ltd.

Court

Supreme Court of British Columbia

En una apelación sobre la negativa de registrar un caveat, la Corte ordenó rehacer el recurso desde cero tras constatar defectos de servicio y de procedimiento.

• Caveat
• Appeal from land titles registrar
• Service of process
• Registration of instruments
• Order approving sale
• Remedies to cancel registered title

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Beem Credit Union v. Global City Properties (Aloha Estates) Ltd.

Court

Supreme Court of British Columbia

The court exercised its discretion under s.20 LEA to award full indemnity costs to the petitioner because the loan was commercial in purpose, the transaction involved multiple security documents and a post-default forbearance agreement that expressly provided for solicitor-and-own-client indemnity, and the forbearance materially altered the lender's position (notably granting a two‑year extension) such that enforcement of the contractual indemnity was warranted; an accounting is to be provided to avoid double recovery of the prepaid Professional Fee.

Source excerpt

• Indemnity costs
• Forbearance agreement
• Statutory interpretation of s.20 law and equity act
• Appendix b scale a
• Contractual indemnity
• Assessment of costs

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Stewart v. Ryan Mortgage Income Fund Inc.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a request to vary a chambers order refusing leave to appeal and a stay in a foreclosure-related forced entry dispute.

• Forced entry
• Leave to appeal
• Service of process
• Admissibility of hearsay
• Residential tenancy act s.94
• Order for sale

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Stewart v. Ryan Mortgage Income Fund Inc.

Court

British Columbia Court of Appeal

Leave to appeal was denied from a chambers order allowing forced entry into mortgaged rental properties for sale, and the stay application was moot.

• Forced entry
• Conduct of sale
• Leave to appeal
• Stay application
• Admissibility of affidavits/hearsay
• Post-foreclosure tenancies

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Brar v. 628564 B.C. Ltd.

Court

Supreme Court of British Columbia

The court found bona fide triable issues in a foreclosure petition over share purchase agreement warranties, and converted the matter to an action.

• Share purchase agreement warranties
• Vendor take-back mortgage
• Indemnity
• Triable issue standard
• Conversion of petition to action
• Survival of representations and warranties

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