When a lien has arisen between vendor and purchaser, can the court decline to enforce the lien because of "unfairness"?
British Columbia, Canada
The following excerpt is from Chu v. Chen, 2004 BCCA 209 (CanLII):
In my opinion, upon a close reading, Freeborn v. Goodman, supra, does not stand for the proposition that when a lien has arisen between vendor and purchaser, the court has a "discretion" to decline to enforce the lien on any vague concept of "unfairness".
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