Facts: Kingsgate Property Ltd. and Beedie Development LP (petitioners) sought to vary a court order regarding security for an appeal against the Vancouver School District No. 39 (respondent). Initial security via a duplicate title was not feasible due to an existing mortgage.
Issue: The petitioners proposed a second mortgage and a promissory note worth $80 million as alternative security. The respondent disagreed with the terms.
Court's Ruling: The court declined to enforce the proposed security terms without the respondent's agreement but modified the original order to eliminate the need for a duplicate certificate. It also allowed the respondent to apply for variation or discharge of the stay related to filing a civil claim.
Costs/Damages: The document did not specify the amount of costs or damages awarded to the successful party.
