Can a mortgage be declared unconscionable?
British Columbia, Canada
The following excerpt is from Mission Creek Mortgage Ltd. v. Angleland Holdings Inc., 2013 BCCA 347 (CanLII):
In Eusanio v. Janolino (1998), 117 B.C.A.C. 158, the mortgagors raised a defence to the mortgage petition that the mortgage was unconscionable. The foreclosure proceeding was referred to the trial list. The court determined that leave to appeal a summary trial order declaring the mortgage to be unenforceable was not an order made under the foreclosure rule and leave to appeal it was not required.
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