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Grace Mtn. Land Company, Ltd. v. 1055249 B.C. Ltd.

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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appealscanadacanadiancaselawcourtopinionprocedure
canada, canadian, case law, court opinion, canlii, bcca, 2026bcca349, 2026 bcca 349 (canlii), 2026, bcca, 349, (canlii), ca50157, 2026, security interests, foreclosure, order absolute, redemption period, foreclosure proceedings concerning mortgages over lands, order absolute granted and extension of redemption period refused, whether there was a probability of redemption to support an extension, equitable considerations and “unreasonable windfall” addressed, appeal dismissed, procedure, appeals, extension of time, supreme court civil rules, rule 23, 6(8.1), davies v. c.i.b.c. factors, whether it was in the interests of justice to extend time to appeal, discretionary decision and reviewable error framework, just, speedy, and inexpensive determination considered, appeal dismissed, security interests, foreclosure, windfall, whether a windfall made an order absolute inequitable, whether courts may consider the value of other mortgages on the property, “unreasonable windfall” must be a probability, not a mere possibility, any windfall found purely hypothetical, appeal dismissed, procedure, appeals, new arguments, whether bankruptcy, related points could be advanced when not argued before the chambers judge, proof of claim and merger issues not raised below, separate proceeding and trustee determination did not establish error, appellants cannot allege error on an issue not argued, appeal dismissed
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