Mission Creek Mortgage Ltd. et al. v. Angleland Holdings Inc. et al., (2013) 341 B.C.A.C. 199 (CA)

• Judge: Low, Bennett and Harris, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: May 22, 2013
• Jurisdiction: British Columbia
• Citations: (2013), 341 B.C.A.C. 199 (CA);2013 BCCA 347

Mission Creek Mortgage v. Angleland Holdings (2013), 341 B.C.A.C. 199 (CA);

    582 W.A.C. 199

MLB headnote and full text

Temp. Cite: [2013] B.C.A.C. TBEd. JL.050

Mission Creek Mortgage Ltd. and Tekamar Mortgage Fund Ltd. (respondents/petitioners) v. Angleland Holdings Inc., Nederland Holdings Inc. and John English (appellants/respondents)

(CA040372; 2013 BCCA 347)

Indexed As: Mission Creek Mortgage Ltd. et al. v. Angleland Holdings Inc. et al.

British Columbia Court of Appeal

Low, Bennett and Harris, JJ.A.

July 23, 2013.

Summary:

The appellants applied for a declaration that certain foreclosure proceedings were null and void pursuant to s. 22(1) of the Farm Debt Mediation Act. The application was refused (the October 12, 2012, order). The appellants applied for leave to appeal, but were refused. They appealed, arguing that although they had sought leave, no leave was required.

The British Columbia Court of Appeal held that leave was required to appeal the October 12, 2012, order and the appeal was dismissed on that account and without consideration of the substantive grounds of appeal.

Practice - Topic 8890

Appeals - Leave to appeal - From order in foreclosure proceedings - See paragraphs 1 to 17.

Cases Noticed:

M & D Farm Ltd. et al. v. Manitoba Agricultural Credit Corp., [1999] 2 S.C.R. 961; 245 N.R. 165; 138 Man.R.(2d) 161; 202 W.A.C. 161, refd to. [para. 11].

Eusanio v. Janolino et al. (1998), 117 B.C.A.C. 158; 191 W.A.C. 158 (C.A.), refd to. [para. 14].

Eron Mortgage Corp. (Judicial Trustee) v. Endeavour Developments Ltd. et al. (1999), 130 B.C.A.C. 72; 211 W.A.C. 72; 1999 BCCA 531, refd to. [para. 15].

Statutes Noticed:

Court of Appeal Act, R.S.B.C. 1996, c. 77, sect. 7(2) [para. 13].

Farm Debt Mediation Act, S.C. 1997, c. 21, sect. 21, sect. 22(1) [para. 4].

Counsel:

M.S. Oulton, for the appellant;

S.A. Wilson, for the respondent.

This appeal was heard on May 22, 2013, in Vancouver, B.C., before Low, Bennett and Harris, JJ.A., of the British Columbia Court of Appeal. The appeal was dismissed from the bench on May 22, 2013, with the following reasons released for the court by Low, J.A., on July 23, 2013.