Executive Summary: Key Legal and Evidentiary Issues

• Dispute centered on foreclosure proceedings arising from a defaulted mortgage over three properties.

• Shuswap challenged the legitimacy of the foreclosure on grounds of alleged Charter and procedural fairness violations.

• The appellant asserted historical mortgage payments and claimed lack of notice on how to resume payment.

• Allegations were raised that the lender, Mr. Kerr, was coerced into legal action by Olympia Trust.

• Procedural delays, including missed deadlines and improper filings, impacted Shuswap’s appeals.

• The Court found no reviewable errors and concluded that Shuswap sought to reargue previously dismissed claims, awarding costs to the respondents.

Facts and outcome of the case

The case arose from a long-standing mortgage dispute. In 2005, Shuswap Association for Eco Development and Fairtrade granted a mortgage over three properties to secure a loan administered by Olympia Trust Company, with Peter Barry Kerr acting as the actual lender. The mortgage required monthly payments, which Shuswap ultimately stopped making. After failed negotiations, Olympia Trust issued a formal demand in October 2021, which Shuswap did not respond to, prompting the filing of a foreclosure petition in December 2021.

A hearing in February 2022 led to an order nisi, followed by a confirmation hearing in March. Shuswap did not effectively participate in the proceedings and failed to redeem the mortgage during the redemption period. Although they filed responses and appeals later on, these were procedurally deficient and considerably delayed. In October 2022, an associate judge granted a conduct of sale order, which Shuswap tried to appeal a month later but did not pursue for over a year.

By mid-2024, as Olympia Trust sought approval to proceed with the property sale, Shuswap had already been dissolved under the Societies Act due to non-compliance with transition requirements. They were restored to legal status shortly before the sale hearing. Shuswap then launched a series of appeals and motions aimed at revisiting prior rulings, including allegations that Mr. Kerr was coerced and that their rights under the Charter and principles of procedural fairness had been violated. They also claimed they had made historical payments and lacked proper guidance on resuming them.

In December 2024, a single justice of the British Columbia Court of Appeal denied leave to appeal. Shuswap later applied to vary that decision. On July 29, 2025, the full Court dismissed this application, finding no legal or factual error and determining that Shuswap merely sought to reargue claims that had already been considered and rejected. The Court emphasized the appellant’s failure to comply with procedural requirements despite being granted significant flexibility throughout the process.

Additionally, the Court awarded lump sum costs to the successful respondents, Olympia Trust Company and Peter Barry Kerr, under Rule 69(7) of the Court of Appeal Rules. Costs were assessed at Scale A (ordinary complexity) and fixed at $1,770.00 plus GST and HST, totaling $1,982.40. The Court dispensed with the need for the appellant’s approval of the order’s form, underscoring the finality of the foreclosure proceedings and affirming the respondents' entitlement to enforce the sale.