Background:
The Royal Bank of Canada (RBC) initiated foreclosure proceedings against Mohit Parihar and Chetna Parihar, the registered owners of a property in Victoria, British Columbia, in April 2021. The foreclosure was due to defaults on mortgage obligations, including non-compliance with municipal bylaws. An order nisi was granted in October 2022, and the redemption period expired in April 2023. The property was listed for sale, and despite multiple collapsed offers, it was eventually sold to a group of purchasers for $679,900.

Legal Issues:
Mohit Parihar applied to extend a stay of a writ of possession on the property, while RBC sought to set aside the stay. The main issues were whether there was a serious question to be tried, whether irreparable harm would occur without a stay, and whether the balance of convenience favored a stay.

Court's Analysis:
The court found that there was no serious question to be tried as Mr. Parihar had not provided evidence that the sale was improvident. While the court acknowledged potential irreparable harm to Mr. Parihar if the stay was not granted, it ruled that the balance of convenience favored RBC and the purchasers, as the sale had already been completed.

Conclusion and Costs:
The court denied Mr. Parihar's application to extend the stay and granted RBC's application to set it aside. Costs were awarded in favor of RBC and the purchasers at Scale B.