Sahota v. Sandher
Jaspal Singh Sahota
Law Firm / Organization
Jonjit Singh Law Corporation
Lawyer(s)

Jon Singh

Baldip Kaur Sahota
Law Firm / Organization
Jonjit Singh Law Corporation
Amanpal Singh Sahota
Law Firm / Organization
Jonjit Singh Law Corporation
Mohinder Singh Sandher
Law Firm / Organization
Unrepresented
Nadev Singh Sandher
Law Firm / Organization
Unrepresented
1186368 B.C. Ltd.
Law Firm / Organization
Unrepresented
Balpreet Singh Bal
Law Firm / Organization
Wilson Rasmussen LLP
Amandeep Amy Kaur Bal
Law Firm / Organization
Wilson Rasmussen LLP
Kiranjt Gill Harprit Singh Gill
Law Firm / Organization
Unrepresented
Harshvir Kaur Buttar
Law Firm / Organization
Unrepresented
Prabhjopal Singh Brar
Law Firm / Organization
Unrepresented
1148991 B.C. Ltd.
Law Firm / Organization
Unrepresented
Jaspreet Batra
Law Firm / Organization
Self Represented
Nachhattar Singh Sra
Law Firm / Organization
Unrepresented
Balwinder Kaur Sra
Law Firm / Organization
Unrepresented
KSP Shahi Catering & Sweets Ltd.
Law Firm / Organization
Unrepresented
His Majesty the King in Right of the Province of British Columbia
Law Firm / Organization
Unrepresented

Summary: The applicants sought to stay an order approving the sale of a residential property in foreclosure, which was dismissed. The chambers judge concluded that the applicants’ action for specific performance was bound to fail as they tried to enforce a contract previously deemed improvident.

Background: Foreclosure proceedings commenced on August 15, 2022. On November 24, 2022, the Sahotas entered a purchase contract with the Bals for $2.35 million, which required court approval. The court denied the approval on April 12, 2023, due to insufficient funds to discharge the mortgages. The Bals later agreed to sell the property to Dalvir Singh Khangura for $3.3 million, which was approved on July 24, 2023.

Legal Arguments/Issues

  • The petition judge did not err in law by failing to recognize the Sahotas’ interest.
  • The petition judge was correct in concluding the specific performance claim would fail due to the improvidence of the initial offer.
  • The judge appropriately handled the procedural aspects, denying an adjournment for the applicants to make a competitive offer.
  • The objections based on alleged prejudice and strategic conduct by the Bals were dismissed as collateral attacks on previous court orders.

Costs and Award: The application for a stay was dismissed, with no costs or award specifically mentioned in favor of the successful party in the provided summary.

Court of Appeals for British Columbia
CA49230
Real estate
Respondent