Parihar v. Royal Bank of Canada
Mohit Parihar
Law Firm / Organization
Self Represented
Royal Bank of Canada
Law Firm / Organization
Fulton & Company LLP
Lawyer(s)

Linda Yang

Background: The appellant, Mohit Parihar, and the respondent, the Royal Bank of Canada (RBC), were involved in a legal dispute stemming from foreclosure proceedings.

Legal Arguments/Issues: Mohit Parihar sought to review and vary an order that dismissed three applications related to extending time for an application book, a stay of proceedings, and dismissal of the underlying proceeding. RBC filed a cross-application to declare Parihar a vexatious litigant.

Key Points: The dispute originated from foreclosure proceedings on Parihar's property at 4037 Lakehill Place, Saanich, initiated by RBC due to alleged mortgage defaults, including unauthorized structural changes, bylaw infractions, and lack of insurance. The court reviewed the single justice's decision, emphasizing that a review hearing was an examination for legal or factual errors. Parihar introduced a new argument, claiming lack of proper notice for alleged defaults and that RBC should have cured the defaults at his cost.

Decisions: The court dismissed Parihar's applications, upholding the initial order and finding no error in law or principle by the single justice. The court also dismissed RBC’s application to declare Parihar a vexatious litigant, noting he did not have a history of unmeritorious proceedings.

Costs/Awards: The document did not specify the exact amount of costs or awards granted in favor of RBC. The Court of Appeal confirmed the dismissal of the applications and maintained the foreclosure process initiated by RBC.

Court of Appeals for British Columbia
CA48646
Real estate
Respondent