Respondent
Petitioner
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.
Court
Supreme Court of British ColumbiaCase Number
H190209Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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