In the case of Han v. Han dated July 17, 2023, Jeong Sook Han, the petitioner and mother of the respondent, Jae Kyu Han, sought an order nisi and judgment for the mortgage debt related to a property in Coquitlam, BC, granted in April 2019. The respondent opposed the foreclosure order, claiming that the $3,500,000 debt was never advanced to him. He argued that there were triable issues, asserting that he did not owe the claimed amount.
The evidence presented included affidavits from both parties, an appraisal of the property, the mortgage documents, and a title search. The respondent had become the registered owner of the property in February 2018, and the mortgage was granted to the petitioner on April 1, 2019, but no evidence explained the delay in granting the mortgage.
The petitioner relied solely on the registered mortgage as proof of the debt but did not provide evidence of the actual funds advanced to the respondent. The respondent denied receiving the $3,500,000 principal amount. He claimed that he did not understand the documents he signed at a lawyer's office in April 2019.
The court analyzed the evidence and concluded that there were triable issues, including the amount and timing of the debt, potential limitations defense, and discrepancies between the petition and the mortgage regarding interest. As a result, the court ruled that the petitioner had not established that no triable issue existed and remitted the matter to the trial list, emphasizing the need for proper pleadings and potential examinations for discovery. The respondent was awarded costs for the application. No specific amount provided in the case regarding financial award.