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Canada Case Law

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Property law 2025 BCSC 930

Dhillon v. Tennant

The court dismissed an appeal from approval of a foreclosure sale, finding repeated extensions had already been granted and the new appraisal evidence was unreliable.

  • Foreclosure sale
  • Judicial discretion
  • New evidence
  • Costs
  • Appraisal evidence
  • Refinancing
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Real property 2024 BCSC 1664

Lanyard Investments Inc. v. 3771 No. 3 Road Inc.

The court found Amber Mortgage’s security was at risk, granted it conduct of sale in the Lanyard foreclosure, and allowed a one-month redemption period.

  • Foreclosure
  • Order nisi
  • Conduct of sale
  • Redemption period
  • Valuation
  • Appraisal evidence
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Expropriation 2024 BCSC 1395

Spera (Lynn Creek) Holdings Ltd. v. North Vancouver (District)

The court fixed compensation for a partial expropriation at $8,200,320, preferred the District’s appraiser’s methodology, and rejected the claim that Hanlon bound the valuation.

  • Fair market value
  • Compensation
  • Partial takings
  • Abuse of process
  • Appraisal evidence
  • Interest and costs
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Property law 2024 BCSC 154

Chen v. Langley (Township)

The court found the owners had no reasonable expectation of ALR exclusion in 2017, gave little weight to a conditional sale contract, and fixed fair market value at $10.5 million.

  • Fair market value
  • Alr exclusion
  • Highest and best use
  • Appraisal evidence
  • Disclosure obligations
  • Interest and costs
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Property law 2022 BCSC 2522

Pioneer West Mortgage Investment Corporation v. 0903041 BC Ltd.

Appeal from foreclosure sale approvals allowed because the listings misdescribed residential strata units as “NOT A PRIVATE RESIDENCE,” making the marketing unfair and improper.

  • Approval of sale
  • Marketing obligations of mortgagee
  • Appraisal evidence
  • Adjournment
  • Standard of review
  • Foreclosure
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Foreclosure 2022 BCSC 955

Metropointe Mortgage Investment Corporation v. Patry

The court approved a foreclosure sale after finding the property had been marketed in a business-like manner and the $2.7 million offer was provident.

  • Approval of sale
  • Marketing requirements
  • Providence of sale price
  • Costs
  • Vacant possession
  • Appraisal evidence
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Property law 2022 BCSC 1936

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

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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Property law 2021 BCSC 1455

Paradigm Quest Inc. v. Pacific Pasnak Holdings Ltd.

Appeal from a foreclosure sale approval was dismissed. The court held the property had been marketed in a businesslike manner and the approved sale was provident.

  • Sale approval
  • Marketing requirements
  • Appraisal evidence
  • Businesslike marketing
  • Conduct of sale
  • Order nisi
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Property law 2019 BCSC 1521

Genworth Financial Mortgage Insurance Company Canada v. Doan

The court approved the sale of a mortgaged property for $185,000 and ordered that the petitioner could not pursue Mr. Doan’s personal covenant or any shortfall.

  • Approval of sale
  • Order absolute
  • Forbearance agreement
  • Personal covenant
  • Marketing exposure
  • Appraisal evidence
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Family law 2019 BCCA 80

Khan v. Gilbert

The Court of Appeal allowed the appeal from an unequal family-property division, found errors in the trial judge’s approach to reapportionment and valuation, and remitted the matter for rehearing.

  • Reapportionment
  • Excluded property
  • Settlement proceeds
  • Appraisal evidence
  • Presumption of equal division
  • Remittal for rehearing
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.