Family law protection orders are an essential legal safeguard under British Columbia’s Family Law Act, designed to protect individuals and children from family violence, threats, harassment, or emotional abuse. These court orders can provide urgent safety measures by placing clear legal boundaries on an abusive partner or family member. At Legalbird, our experienced family lawyers […]
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
Jurisdiction in B.C. Parenting Disputes: How the Family Law Act Decides Interjurisdictional Cases Parenting disputes that cross provincial borders can quickly become complicated, especially when each parent has ties to different jurisdictions. Under British Columbia’s Family Law Act, the courts follow strict rules when determining whether they can hear an interjurisdictional parenting case. At Legalbird,
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.
Grounds for divorce are legal reasons that justify the end of a marriage. In British Columbia, as in all provinces and territories in Canada, there is only one acceptable ground for divorce: the irretrievable breakdown of the marriage, as outlined in the federal Divorce Act. Establishing the grounds for divorce is the starting point before
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
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The content on this blog is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified legal professional. Engaging with this content does not create an attorney-client relationship with Legalbird.