Can a Receiver or Receiver Manager be appointed at the instigation of a foreclosing mortgagee?

British Columbia, Canada


The following excerpt is from First West Credit Union v. 687830 B.C. Ltd., 2012 BCSC 908 (CanLII):

In United Savings Credit Union v. F & R Brokers Inc. et al, 2003 BCSC 640, Burnyeat J., after discussing the evolution of the English practice and subsequent Canadian law, concluded, at para. 15: I am satisfied that, unless the mortgagor or charge holder can show that extraordinary circumstances are present, the appointment of a Receiver or Receiver Manager at the instigation of a foreclosing mortgagee should be made as a matter of course if the mortgagee can show default under the mortgage.

Other Questions


In what circumstances will management fees be calculated in accordance with the actual amount managed by the management company? (British Columbia, Canada)
What is the impact of sophisticated financial management on the calculation of the gross-up for the purposes of calculating the value of management fees? (British Columbia, Canada)
When will a plaintiff receive a management fee or investment counselling fee in a serious personal injury case? (British Columbia, Canada)
Does a mortgagee have to continue to collect rent from the first mortgagee, even if the mortgage was registered prior to the registration of the mortgage? (British Columbia, Canada)
Does a mortgagee have an obligation to release unadvanced funds from a trust account in the name of both the mortgagor and the mortgagee? (British Columbia, Canada)
Can a property manager be appointed to a Strata Plan? (British Columbia, Canada)
What is litigation privilege and what is the effect of litigation privilege on court-appointed and joint appointed experts? (British Columbia, Canada)
Can a plaintiff set aside an order dismissing her claim for failure to attend a case management hearing and comply with case management orders? (British Columbia, Canada)
Is a mortgagee entitled to sue a mortgagor for negligence against the mortgagee? (British Columbia, Canada)
What is the background to a partnership dispute and the basis for appointing the Receiver? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.