1055249 BC Ltd. v. Grace Mtn. Land Company, Ltd.
Grace Mtn. Land Company, Ltd.
Law Firm / Organization
Nathanson, Schachter & Thompson LLP
Lawyer(s)

Peter J. Reardon

Herkenn Singh Kenny Braich also known as Kenny Braich
Law Firm / Organization
Nathanson, Schachter & Thompson LLP
Lawyer(s)

Peter J. Reardon

0776423 BC Ltd.
Law Firm / Organization
Nathanson, Schachter & Thompson LLP
Lawyer(s)

Peter J. Reardon

1055249 BC Ltd.
Law Firm / Organization
Boughton Law Corporation

Background: The case involved foreclosure proceedings on approximately 64 acres of land in Mission, B.C., which had been ongoing since 2015. The petitioner initially sought an order absolute, while the respondents sought an extension of the redemption period to market the properties for sale. The court had previously granted the order absolute and dismissed the respondents’ application for extension. This decision was appealed and remitted back for reconsideration with new evidence.

Legal Issues/Arguments: The respondents needed to prove sufficient value in the lands and a reasonable prospect of redemption to extend the redemption period. The court considered whether the petitioner would gain an unreasonable windfall if the order absolute was granted and whether the petitioner acted with clean hands.

Held: The court dismissed the respondents’ application to extend the redemption period and granted the order absolute in favor of the petitioner.

Costs/Damages Awarded: The Grace Mtn. Respondents were entitled to their costs of the appeal and rehearing, assessed at 1.5 times the usual value of Scale B costs.

Supreme Court of British Columbia
H190209
Real estate
Petitioner