Canada Case Law

1063466 B.C. Ltd. v. 1286121 B.C. Ltd.

Court

Supreme Court of British Columbia

Registrar's report is approved; on the evidence there is a real risk that existing equity in other properties will not satisfy the judgment and the petitioner faces prejudice from further dilution, therefore the court ordered sale of the non‑residence Gaba Properties (144 Street and 49 Avenue) with exclusive conduct by the petitioner and sale by realtor, dispensed COEA advertising, while deferring sale of the Principal Residence for four months under s.96(2) COEA due to hardship and valuation uncertainty, with liberty to reapply thereafter.

Source excerpt

• Sale of land under coea
• Deferral of sale of principal residence
• Registrar's report approval
• Priority of judgments
• Evidence of property value
• Court conduct of sale

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Patrick Street Holdings Ltd. v. 11368 NL Inc.

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed Patrick Street’s appeal, holding that cause of action estoppel barred its renewed claim to payment under a $4 million mortgage.

• Res judicata
• Cause of action estoppel
• Issue estoppel
• Abuse of process by relitigation
• Pleading obligations
• Power of sale

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Bank of Montreal v. Dua

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal in a bank collection dispute, finding the appellants were in default and that the counterclaim disclosed no reasonable cause of action.

• Summary judgment
• Counterclaim dismissal
• Mortgage reinstatement
• Costs
• Default on mortgage
• Interest rate accommodation

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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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Pitters v. Home Trust Company

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed Marlon Pitters’s appeal from a r. 2.01 dismissal, finding no valid mortgage issue and no basis to interfere.

• Rule 2.01 dismissal
• Mortgage dispute
• Costs on appeal
• Appellate review standard
• Appeal-dismissed
• Rule-2-01

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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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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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Three Point Capital Corp. v. Monn

Court

Supreme Court of British Columbia

The court granted the order nisi because the respondent was in default and Three Point's affidavit evidence and accounting were found accurate and sufficient; the six‑month redemption period was ordered to run from October 16, 2025 as that date was when evidence supporting nisi was before the court; amounts owing will be calculated by Three Point as of the release of reasons and inserted into the formal order; costs were awarded to Three Point on Scale B, with summary assessment procedure if disputed.

Source excerpt

• Foreclosure
• Redemption period
• Costs
• Service and procedural fairness

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Jenor Steel Incorporated v. 466372 B.C. Ltd.

Court

Supreme Court of British Columbia

The court held the BDC mortgage claims were limitation-barred, finding rent payments serviced the debt until February 2023 but Jenor’s later financial statements did not preserve the claim.

• Limitation period
• Acknowledgement of debt
• Mortgage enforcement
• Partition and sale
• Intercompany accounting
• Document production and redaction

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2642948 Ontario Inc. v. Jonny’s Antiques Ltd.

Court

Court of Appeal for Ontario

Η Court of Appeal dismissed an appeal over a certificate of pending litigation and agreed 264 Ontario had taken vacant, peaceable possession of the mortgaged property.

• Certificate of pending litigation
• Peaceable possession
• Mortgagee self-help remedies
• Service of process
• Stay pending appeal
• Abuse of process

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