Commercial landlords in British Columbia often face challenges when tenants fall behind on rent. Defaults usually follow a familiar pattern: late payments, partial payments, and eventually, a complete failure to pay. When this happens, landlords must understand the legal remedies available under both common law and provincial statutes. In BC, landlords have three main options […]
Commercial tenancy disputes in British Columbia often arise when a tenant refuses to leave leased premises after the lease has expired or been terminated. These situations can create serious challenges for landlords, delaying property use and causing financial loss. The Commercial Tenancy Act, RSBC 1996, c. 57 sets out the legal framework for resolving these
Bank of Montreal v. Khan: Lessons from a British Columbia Debt Litigation Case On August 12, 2025, the Supreme Court of British Columbia released its decision in Bank of Montreal v. Khan, 2025 BCSC 1545, a debt litigation case involving the enforceability of personal guarantees on business loans. Justice S. Ramsay dismissed the Bank of
Recent cases involving breaches of commercial leases in British Columbia (such as this one) are informative for both landlords and tenants when navigating commercial leasing breaches—and the potential remedies for disputes. Commercial leases can be complex. It is essential to understand both your rights and obligations as a landlord or tenant before signing any contracts.
Foreclosure proceedings in British Columbia require courts to carefully weigh the interests of both borrowers and lenders. When a lender seeks an order absolute, they are asking the court to finalize the foreclosure by transferring title and ending the borrower’s right to redeem the property. Borrowers who wish to oppose that order or request more
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