Appellant
Respondent
Background: David Brian Jeffries appealed a decision regarding the foreclosure of his mortgage by Bayfield Mortgage Investment Corp. The original case involved the foreclosure after Jeffries defaulted on a mortgage, with a redemption amount set at $579,858.20, which he failed to pay. Instead, Jeffries provided a "Bonded Bill of Exchange Order," claiming it should be accepted as payment, which the court rejected.
Legal Issues: Jeffries challenged the legality of the vesting order that transferred his property to new purchasers after foreclosure. He argued that his document should be considered lawful payment. The lower court and the Court of Appeal found no legal basis to accept the document as valid payment.
Held: The Court of Appeal, presided over by Madam Justice Fenlon, affirmed the lower court's decision, denying Jeffries' application for no fee status and indicating that the appeal was bound to fail, thereby upholding the foreclosure and sale of the property without recognizing Jeffries' tendered payment as valid. Jeffries was allowed to proceed with his appeal provided he could pay the necessary fees.
Costs/Damages Awarded: The document does not specify a total amount of costs or damages awarded by the court to Bayfield Mortgage Investment Corp., the successful party. The main focus was on the appeal against the foreclosure process and the rejection of unconventional payment methods proposed by David Brian Jeffries, rather than on detailing specific financial awards.
Court
Court of Appeals for British ColumbiaCase Number
CA49772Practice Area
Real estateAmount
Winner
RespondentTrial Start Date
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