Canada Case Law

Sky v. Toronto-Dominion Bank

Court

British Columbia Court of Appeal

It is not plain and obvious that the disputed pleading is a collateral attack or abuse of process because it does not contradict the order nisi, alleges independent actionable wrongs (breach of contract/duty of good faith) that were not and could not meaningfully have been raised at the order nisi hearing, and permitting the pleadings will not cause manifest unfairness or bring the administration of justice into disrepute; therefore the chambers judge erred and the amendments should be permitted.

Source excerpt

• Collateral attack
• Abuse of process
• Order nisi
• Foreclosure
• Good faith in contractual discretion
• Amendment of pleadings

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Farm Credit Canada v. Desert Valley Vineyard Ltd.

Court

Supreme Court of British Columbia

FCC met its onus that it was just and convenient to appoint a receiver because the debtors were in sustained default, refinancing plans had repeatedly failed to materialize, there was credible risk of a shortfall relative to appraised value, and the unique agricultural nature of the lands required specialized management; accordingly Ernst & Young Inc. was appointed receiver and sale powers were postponed and made effective May 27, 2026 to allow stabilization and assessment of priorities while preserving the debtors' right to redeem.

Source excerpt

• Receivership
• Mortgage enforcement
• Foreclosure
• Appointment of receiver and powers
• Redemption period
• Priority of liens

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Horwood v. Hanna

Court

Supreme Court of British Columbia

The application is dismissed because the plaintiff offered no evidence tracing the alleged misapplied profits into the Evergreen Property and relied on deemed admissions that bind only the defaulting defendants, not competing third-party creditors; proprietary relief should have been pursued in an action joining all owners and chargeholders and cannot be imposed on the existing record.

Source excerpt

• Constructive trust
• Substantive vs remedial trust
• Deemed admissions
• Tracing of misapplied funds
• Priority of creditors
• Default judgment

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Pacifica Mortgage Investment Corporation v. 2490 Marine Drive Ltd.

Court

Supreme Court of British Columbia

The court granted the appointment of a receiver (MNP Ltd.) because the Maple Trade factors and equitable considerations favored receivership: the Debtors abandoned the project, there is imminent prejudice from expiry of the development permit and high interest accrual, asset preservation and public safety concerns existed, no adequate or timely alternative step had been taken by the second mortgagee, and a receiver could protect stakeholders. The receiver's powers were limited (no unilateral payment to Pacifica without leave; borrowing capped at $500,000) to preserve judicial supervision.

Source excerpt

• Appointment of receiver
• Foreclosure
• Conduct of sale
• Reverse vesting order
• Priority of security
• Judicial supervision of receivership

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Genesis Mortgage Investment Corp. v. Blais

Court

Supreme Court of British Columbia

Associate Judge Schwartz's order was correct: where a mortgagee seeks indemnity costs that affect a mortgagor's ability to redeem, the mortgagee must produce its bill of costs and supporting legal accounts for assessment prior to expiry of the redemption period so the mortgagor can meaningfully exercise the right to redeem; litigation privilege yields to the mortgagor's right to redeem in these circumstances; equity permits a temporary halt to accrual of contractual interest under s.19 as exceptional relief where the mortgagee's failure to produce bills impedes redemption; accordingly Genesis…

Source excerpt

• Foreclosure
• Redemption
• Indemnity costs
• Solicitor-client privilege
• Interest (s.19 law and equity act)
• Assessment of 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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Van Maren Financial (2018) Ltd. v. Wolfenden Ventures Ltd.

Court

Supreme Court of British Columbia

The court granted the adjournment because triable issues exist regarding contractual interpretation of the as‑is clause and alleged post‑approval damage, there is material uncertainty about the extent of damage, the insurance claim and ownership/transfer of Wolfenden Ventures Ltd., and the fairness of making a final order of sale without cross‑examination and production of documents. Accordingly the interests of justice required postponing approval of the sale, ordering targeted pre‑hearing steps (cross‑examination and disclosure), and permitting further procedural relief to be sought on a fi…

Source excerpt

• Foreclosure
• Conduct of sale
• As‑is/where‑is clause
• Adjournment
• Cross‑examination on affidavit
• Discovery/production of documents

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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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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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