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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Nicola Mortgage Corporation v. Salinger

Court

Supreme Court of British Columbia

The court granted the final order of foreclosure because the April 2025 Forbearance Agreement was enforceable and estopped the respondents from seeking an extension of the redemption period, the respondent failed to establish a prima facie case in the related civil action and failed to demonstrate a reasonable prospect of repayment or that the balance of convenience favoured a stay, and the associate judge's order permitting hearing outside the Terrace registry was valid and not a nullity.

Source excerpt

• Forbearance agreement
• Redemption period
• Stay of proceedings
• Venue/local registry
• Estoppel
• Extension of redemption

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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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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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Khehra v. 1291454 B.C. Ltd.

Court

Supreme Court of British Columbia

In a foreclosure petition, the court held claims against two respondents were statute barred and dismissed them with costs, while granting an order nisi against the registered owner.

• Foreclosure
• Guarantee versus covenant
• Limitation act discoverability
• Acknowledgement of debt
• Redemption period
• Order nisi

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First West Credit Union v. DB Land Acquisitions Inc.

Court

Supreme Court of British Columbia

Foreclosure petition granted after the court enforced a clear forbearance agreement providing for a one-day redemption period and immediate conduct of sale.

• Forbearance agreement
• Redemption period
• Conduct of sale
• Court discretion
• Costs
• Foreclosure

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Vant Geloof v. Grewal

Court

Supreme Court of British Columbia

In a foreclosure application, an associate judge held that a mortgage clause raising interest from 6% to 18.99% after maturity offended s. 8 of the Canada Interest Act.

• Canada interest act s.8
• Penalty interest
• Redemption period
• Order nisi
• Associate judge jurisdiction
• Foreclosure

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Instafund Mortgage Management Corp. v. 1365651 B.C. Ltd.

Court

Supreme Court of British Columbia

The court refused a one-day redemption period in a foreclosure application, finding the petitioner had not shown sufficient risk to security and granting the statutory six-month period.

• Order nisi
• Redemption period
• Shortened redemption period
• Valuation evidence
• Risk to security
• Doctrine of election

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Gemstone Advantage Limited v. Zhang

Court

Supreme Court of British Columbia

The court held a 22% default interest clause unenforceable under s. 8 of the Interest Act, but treated the demand as valid notice and set redemption at 30 days.

• Interest act s.8
• Default interest
• Foreclosure
• Redemption period
• Order absolute
• Guarantee

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Guards Capital Corp. v. 1220740 BC Ltd.

Court

Supreme Court of British Columbia

The court set aside an order nisi in a foreclosure matter, finding no wilful default, a prompt application, and a defence worthy of investigation.

• Order nisi
• Service of affidavits
• Setting aside
• Redemption period
• Wilful default
• Miscarriage of justice

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