Vanguard Mortgage Investment Corporation v. Dietterle
Vanguard Mortgage Investment Corporation
Law Firm / Organization
Lawson Lundell LLP
Lawyer(s)

J. Schachter

Samuel Dietterle
Law Firm / Organization
Coen and Company Law Office
Lawyer(s)

S.B. Coen

John Doe and Jane Doe, as Tenants
Law Firm / Organization
Coen and Company Law Office
Lawyer(s)

S.B. Coen

In the case of Vanguard Mortgage Investment Corporation v. Dietterle, dated April 13, 2023, Vanguard Mortgage Investment Corporation (now Canguard) sought special costs in a foreclosure proceeding against Mr. Dietterle. The court considered various factors in determining whether to award special costs, including the mortgage terms, Mr. Dietterle's equity in the property, the nature of the transaction, complexity of the proceedings, and Mr. Dietterle's conduct. The court found that the mortgage provided for solicitor-and-client costs, Mr. Dietterle had substantial equity in the property, and the proceedings became more complicated due to his unsuccessful attack on the mortgage. These factors favored an award of special costs to Canguard. Actual amount of costs awarded was not specified in the case.
Supreme Court of British Columbia
H200340
Corporate & commercial law
Plaintiff