In British Columbia, foreclosure litigation is rooted not only in legal procedure but in principles of fairness and full transparency. Courts expect parties, especially lenders, to act with complete candour when seeking relief. A recent BC Supreme Court decision, 1055249 B.C. Ltd. v. Grace Mtn. Land Company, Ltd., 2023 BCSC 2339, reinforces this expectation. The […]
When most people think of a mortgage, they picture a formal document registered on title that creates a legal charge against real property. But Canadian law also recognizes another type of mortgage known as an equitable mortgage. Unlike a legal mortgage, an equitable mortgage can exist even if the agreement is informal or not properly
In the Supreme Court of British Columbia’s decision in Bali v. 1292795 B.C. Ltd., 2025 BCSC 1316, Justice Douglas ordered the discharge of a Certificate of Pending Litigation (CPL) after finding that the petitioners had failed to properly plead the existence of an equitable mortgage. The petitioners claimed they were entitled to register a CPL
Foreclosure proceedings commence when a borrower defaults on a mortgage and the lender takes legal action to sell the property unless the borrower pays the debt. During this process, the borrower and lender have legal rights and responsibilities. Homeowners in British Columbia should fully understand these rights if faced with foreclosure. Here’s what you need
Why Separation Agreements in BC Get Challenged and how to avoid it In British Columbia, separation agreements play a crucial role in defining the post-relationship rights and responsibilities of couples. However, when poorly drafted, these agreements often end up being challenged in court. Separation agreements in British Columbia must be carefully drafted to avoid costly
Starting 2025 with Confidence: Key Updates for BC Landlords As we step into 2025, staying informed about BC’s latest tenancy regulations is more important than ever for landlords. The Residential Tenancy Act BC 2024, which introduced significant updates on July 18, 2024, is already reshaping how tenancy endings are managed across the province. These changes