Appellant
Respondent
Case Summary:
Mohit Parihar appealed the dismissal of his foreclosure challenge by the British Columbia Court of Appeal. Royal Bank of Canada (RBC) sought a vexatious litigant order against him due to repeated, unsuccessful applications contesting foreclosure orders.
Background:
RBC initiated foreclosure after Mr. Parihar allegedly breached mortgage terms by making unapproved renovations, failing to maintain insurance, and entering a tax deferment agreement without RBC's consent. Following a default judgment, the court ordered the property’s sale.
Legal Issues and Arguments:
Mr. Parihar argued that he was not in mortgage default and claimed procedural errors by RBC. He requested extensions to appeal prior orders, asserting his self-represented status and that RBC acted fraudulently. The court found his applications baseless, citing his failure to comply with procedural rules and established grounds for declaring a litigant vexatious.
Vexatious Litigant Order:
The court determined Mr. Parihar’s persistent applications were abusive, causing unnecessary costs and delays. RBC successfully argued that these filings imposed undue burdens on the legal process and warranted restrictions on Mr. Parihar’s ability to file future applications without prior court permission.
Costs and Judgment:
The court awarded costs to RBC, though the specific amount was not detailed in this appeal. However, prior orders included a $1,000 cost award against Mr. Parihar. RBC’s sale was finalized, and proceeds were directed to address outstanding obligations.
Court
Court of Appeals for British ColumbiaCase Number
CA49649Practice Area
Real estateAmount
$ 1,000Winner
RespondentTrial Start Date
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