Background: The case arose from foreclosure proceedings on 64 acres of land in Mission, British Columbia, owned by Grace Mtn. Land Company, Ltd. On May 22, 2024, Associate Judge Robertson dismissed the appellants' motion for an extension of the redemption period and granted the respondent's application for an order absolute.

Legal Context: The appellants applied for leave to appeal the associate judge's order, engaging Section 13(2) of the Court of Appeal Act, which restricts direct appeals to the Court of Appeal from orders made by associate judges.

Legal Arguments/Issues: The appellants argued that Section 13(2) should allow appeals from limited appeal orders made by an associate judge if leave was granted. They claimed the judge erred in assessing evidence and costs. The respondent argued that Section 13(2)(b) clearly precluded direct appeals to the Court of Appeal from any associate judge's order, requiring appeals to first go through the Supreme Court of British Columbia.

Court’s Decision: Madam Justice Saunders dismissed the application for leave to appeal, interpreting Section 13(2)(b) as unambiguous. She concluded the appeal had to be brought first to a judge of the Supreme Court of British Columbia.

Outcome: The leave to appeal was dismissed, upholding the associate judge’s decision in favor of 1055249 B.C. Ltd. The document did not specify the total amount of costs or any award in favor of the successful party.