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BTB Mortgage Investment Corporation v Harpham

Background:
BTB Mortgage Investment Corporation applied for a deficiency judgment and assessment of costs following a mortgage foreclosure. The key issue was whether the mortgagee (BTB) properly added certain property management fees to the mortgage account.

Legal Issues:

  • Whether BTB could claim nearly $10,000 in property management fees as recoverable costs.
  • Whether the utility charges and other disbursements were adequately verified.
  • Compliance with Rule 11-18 of The King’s Bench Rules, which requires disbursements to be properly proven by affidavit.
  • Interpretation of The Land Contracts (Actions) Act, 2018 (Saskatchewan) regarding pre-leave costs.

Court’s Findings:

  • BTB failed to provide clear, chronological, and verifiable documentation supporting the management fees.
  • The plaintiff had multiple opportunities to submit proper evidence but failed to do so.
  • Pre-leave costs were not awarded at the leave stage, meaning they could not be claimed later.
  • The court emphasized its supervisory role in ensuring reasonable limits on foreclosure-related costs.

Outcome:
The court denied BTB’s claim for property management fees and ordered a new calculation of the deficiency judgment, excluding the disputed $10,000 in costs.

BTB Mortgage Investment Corporation
Law Firm / Organization
Not specified
Michael David Harpham
Law Firm / Organization
Self Represented
Nicole Lucette Harpham
Law Firm / Organization
Naidu Legal
Lawyer(s)

Monique V. Bews

Court of King's Bench for Saskatchewan
QBG-MF-00025-2022
Real estate
Not specified/Unspecified
Defendant