Canada Case Law

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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Fawdry v. Fawdry

Court

Supreme Court of British Columbia

Court granted interim spousal support, a $50,000 interim distribution, and disclosure orders, but refused an immediate sale of the family home and deferred a new appraisal.

• Interim spousal support
• Litigation advance (s.89 family law act)
• Sale of property
• Financial disclosure
• Valuation/appraisal
• Guideline income

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Harper v. Harper

Court

Supreme Court of British Columbia

Interim support was ordered, a restraining order granted, and the sale of the family home adjourned pending a joint appraisal of the PEI property.

• Sale of matrimonial home
• Interim spousal support
• Interim distribution of family property
• Restraining order under s.91 fla
• Valuation/appraisal
• Income imputation

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Milne v. Canada

Court

Federal Court

The Federal Court dismissed claims for disturbance damages and injurious affection, finding no perceptible increase in noise after the railway expansion, but awarded $1,100 more for the taken lands.

• Disturbance damages
• Injurious affection
• Limitation period
• Expert evidence (noise and vibration)
• Valuation/appraisal
• Collateral attack doctrine

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MacMillan v. MacMillan

Court

Supreme Court of Nova Scotia

Under s.47 of the Partition Act and Rule 77 the court exercised its discretion and awarded costs to the defendant because he was largely successful, made substantial settlement efforts, and the amount involved for his 40% interest was assessed between $97,200 and $125,000; applying the tariff and factoring complexity and settlement conduct, the court awarded a substantial contribution of $30,000 plus disbursements of $2,410.77 (total $32,410.77).

Source excerpt

• Partition act
• Commissioners appointment
• Costs awarding
• Settlement offers
• Disbursements
• Valuation/appraisal

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Bever v. Rennie

Court

Supreme Court of British Columbia

The court ordered sale of jointly owned property, allowed a limited chance to buy out the petitioner, and awarded adjustments including occupational rent and insurance.

• Partition of property
• Occupational rent
• Undertaking to purchase
• Valuation/appraisal
• Adjustment of sale proceeds
• Partition-of-property

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Summit Staging Ltd. v. 596373 B.C. Ltd.

Court

Supreme Court of British Columbia

Real estate negligence, fiduciary duty and contract claims were dismissed after the court found no proven breach and no loss from the $1 million sale.

• Negligence
• Fiduciary duty
• Vicarious liability
• Dual agency
• Real estate commission
• Damages

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