Is a judgment on a personal covenant made against a mortgagee final?
British Columbia, Canada
The following excerpt is from Gooch v. E.M.F. Holdings Ltd., 2013 BCCA 148 (CanLII):
It is undisputed that a judgment on such a personal covenant is final, and gives rise to a new cause of action based on the judgment, as opposed to the covenant. The mortgagee must pursue this new claim in a new action, which is subject to a ten-year limitation period: Young v. Verigin, 2007 BCCA 551, 72 B.C.L.R. (4th) 332.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a mortgagee obtain judgment on a personal covenant with interest at the mortgage rate? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
What is the test for a final judgment in a personal injury action? (British Columbia, Canada)
What is the test for determining the final assessment of damages in a personal injury case? (British Columbia, Canada)
Can a judgment creditor attach by garnishing a debt that is owed to a judgment debtor and another? (British Columbia, Canada)
What is the standard of review applied to a judgment in a personal injury trial? (British Columbia, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
What is the test for determining whether a person has been injured by another person? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
