22 Nov 2023
1239466 Alberta Ltd. v Promerita Peachland Development Corp.
- Case Date: November 6, 2023
- Parties: Respondent Promerita Peachland Development Corp. (Promerita), Point 3P Limited Partnership (Partnership), and the petitioner 1239466 Alberta Ltd.
- Mortgage and Redemption Amount: The mortgage had initially been $3 million with 3% interest, and its due date was March 18, 2023. The redemption amount, as of November 6, 2023, had been $3,144,772.59.
- Dispute: The primary dispute had concerned the personal judgment amount in addition to the mortgage. The petitioner had claimed $3,257,772.59, which had included an extension fee, while Promerita had denied the existence of a second unsecured debt.
- Extension Agreements: Promerita had agreed to two extensions, which had raised the interest rate to 9% and extended the payment due date to July 16, 2023. Additionally, Promerita had agreed to a daily extension fee of $1,000 for unpaid amounts after July 16, 2023.
- Conclusion: The court had ruled that the daily extension fee had not been secured by the mortgage, allowing the petitioner to claim it. Promerita's defense under Section 8 of the Interest Act had failed.
- Costs: The petitioner had been awarded costs on scale A due to its divided success in the case.