Canada Case Law

Bennington Financial Corp. v. Victoria International Marine Ltd.

Court

Supreme Court of British Columbia

On the unchallenged evidence the Vessel was deposited for storage by its owner and the respondent was in possession when the CLA came into force; therefore a valid warehouse lien existed on June 29, 2025 and continued under s.66 CLA. The lien secures the moorage and shore power charges at market value and reasonable expenses incurred in preparing the Vessel for disposition, including a marine survey and reasonable legal costs, the latter fixed at a lump sum of $5,000. The respondent is entitled to a charge over the Funds and payment out in the sum ordered.

Source excerpt

• Warehouse lien
• Commercial liens
• Perfection of lien
• Possession
• Redemption
• Reasonable expenses

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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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Jeffries v. Bayfield Mortgage Investment Corp.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Mr. Jeffries’ application to reactivate his appeal from the inactive list, citing significant delay, weak merits, and no interests-of-justice basis.

• Inactive list
• Abandonment
• Vesting order
• Foreclosure
• Redemption
• No fee application

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MacGillivary v. Brown

Court

Nova Scotia Court of Appeal

Assignment of the TD mortgage to the Browns was valid, but TD could not unilaterally dispose of an existing foreclosure order without leave; the Browns’ conduct denied the mortgagor an opportunity to redeem for the amount fixed in the original order plus proper adjustments, rendering the subsequent foreclosure order improper and authorizing the court to set aside the deed and require redemption on the correct sum subject to equitable adjustments and expenses.

Source excerpt

• Assignment of mortgage
• Foreclosure and sale
• Equity of redemption
• Redemption
• Setting aside deed
• Discontinuance and leave

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Ontario Securities Commission v. Bridging Finance Inc.

Court

Court of Appeal for Ontario

Standard of review for interpreting the constating documents is correctness; Redemption Claims had not crystallized as of the Appointment Order because they were unpriced and subject to the manager's contractual discretion, so they have no priority; s.130.1 of the OSA does not, by its language or by implication, create a statutory priority for rescission claimants and the nature of rescission does not support priority over common law rescission claimants; accordingly, neither Redemption nor Statutory Rescission Claims have priority and all Unitholders rank pari passu.

Source excerpt

• Rescission
• Redemption
• Statutory priority
• Pari passu distribution
• Constructive trust
• Standard form contracts

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Thangavel v. Bowmanville Lakebreeze West Village Ltd.

Court

Court of Appeal for Ontario

The appeal was dismissed as moot because the property had already been sold and the appellants failed to obtain a stay pending appeal, so setting aside the Notice of Sale could not restore the appellants' ability to redeem; disputes about the correctness of amounts owing, including alleged Interest Act violations and contested charges, are matters for the outstanding mortgage action given deficiencies in the record and evidentiary issues.

Source excerpt

• Notice of sale
• Vendor take-back mortgage
• Interest act s.8
• Redemption
• Default judgment
• Setting aside orders

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Canadian Western Bank v. Webb Brothers Contracting Ltd.

Court

Supreme Court of British Columbia

The court refused solicitor-and-own-client costs in a foreclosure/debt enforcement matter and awarded party-and-party costs at Scale B.

• Solicitor and own client costs
• Floating charge/crystallization
• Forbearance agreement
• Redemption
• Personal judgment
• Assessment of special costs under s.20 lea

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Fraser Valley Packers Inc. v. Raiwal Holdings Ltd.

Court

Supreme Court of British Columbia

Foreclosure action over a Surrey property mortgage. The court held the mortgage secured antecedent advances, rejected the limitation defence, and granted an order nisi and redemption amount.

• Mortgage foreclosure
• Antecedent debt
• Acknowledgement of debt
• Redemption
• Priority of charges
• Limitation act

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CMI Roadbuilding Inc. v. Key-West Asphalt Products Ltd.

Court

Supreme Court of British Columbia

The court appointed a receiver over a disputed asphalt plant, found commissioning and production had occurred, and allowed sale subject to redemption by payment into court.

• Appointment of receiver
• Security interest under ppsa
• Commissioning and production dispute
• Enforcement of security
• Forum selection clause and waiver
• Redemption period

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Samra Enterprises Inc. v. 1022724 B.C. Ltd.

Court

Supreme Court of British Columbia

The court dismissed an appeal from a foreclosure vesting order, found no error in refusing further adjournment or approving sale, and extended the stay for 60 days.

• Vesting order
• Order confirming sale
• Stay
• Adjournment
• Fresh evidence
• Costs

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