Background: In 2007, Albert Bower and his son Steven Bower granted a first mortgage on a property in Surrey to Vancouver City Savings Credit Union (VanCity). The mortgage came with specific terms that included notifying VanCity of any significant changes, including ownership transfers. In January 2012, the joint tenancy was severed, and ownership was transferred to Albert's children, leading to a change in title but not in beneficial ownership, according to Steven Bower's counsel.

Legal Issues: The main legal contention was whether the 2012 transfer constituted a breach of the mortgage agreement under section 8.01(d)(aa)(ii), considering it did not involve a change in beneficial ownership. Steven Bower’s counsel argued that the transfer was held "in trust," suggesting that beneficial ownership did not change despite the title transfer. VanCity argued that the transfer without prior notification constituted a default.

Held: The court ruled in favor of VanCity, finding that the 2012 transfer was a breach of the mortgage terms and led to a default. The court noted that Albert Bower's intention was to gift his property shares equally to his children, which negated any claims of a trust or unchanged beneficial ownership.

Costs/Award: VanCity was awarded costs at Scale C against Steven Bower, although the document did not specify the total amount of these costs.