What is the test for equitable relief in a mortgage foreclosure action?
British Columbia, Canada
The following excerpt is from Star-Link Entertainment Inc. v. Star-Quest Entertainment Inc., 2003 BCSC 1091 (CanLII):
In Hongkong Bank of Canada v. Wheeler Hldg. Ltd., 1993 CanLII 148 (SCC), [1993] 1 S.C.R. 167, Sopinka J. at 9138 stated: The only party unquestionably seeking equitable relief in this case is Hongkong, which is seeking a judicial sale in its mortgage foreclosure action. There is no evidence that Hongkong was guilty of any misconduct. Hongkong seems particularly free of suspicion and misconduct because it was not even the original mortgagee. It purchased a mortgage acquired by its predecessor in title
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