Case Overview:
The case addressed a foreclosure dispute in the Supreme Court of British Columbia. Olympia Trust Company administered a self-directed mortgage loan funded by Peter Barry Kerr to the respondent, Shuswap Association, for properties used in development work.

Background:
Foreclosure proceedings began in December 2021 after Shuswap defaulted on payments. The court granted an order nisi on February 1, 2022, which Shuswap unsuccessfully attempted to amend. Subsequent appeals delayed the enforcement of foreclosure. The appeal was dismissed on September 11, 2024.

Legal Issues and Arguments:
The petitioners sought special costs under:

• The mortgage agreement, which required Shuswap to cover legal fees on a solicitor-client basis.

• Section 20 of the Law and Equity Act, granting discretion for special costs even without “reprehensible” conduct.

Shuswap argued its properties supported international development projects and resisted foreclosure proceedings, citing revenue concerns. However, it failed to provide written submissions on costs or meet its mortgage obligations.

Costs Awarded:
The court awarded special costs to Olympia Trust Company and Kerr due to Shuswap’s conduct, which prolonged litigation and added complexity. Though not deemed "reprehensible," the court found party-and-party costs inadequate for Kerr’s expenses. The total cost award was unspecified in the judgment but included all legal fees incurred during the proceedings?.