Does a delay in obtaining costs from a mortgage holder's mortgage indebtedness constitute prejudice?
British Columbia, Canada
The following excerpt is from Johal v. Virdi, 2011 BCCA 498 (CanLII):
Counsel for the respondents emphasized that the order granting them costs as part of the mortgage proceeds to which they were entitled was pronounced in February 2010. They have received no payment in respect of costs, which form part of the mortgage indebtedness. In such circumstances, “prejudice can be inferred from the delay that has deprived the respondents of the benefit of the mortgage proceeds” to which they were entitled: George v. McMahon, 2009 BCCA 76, at para. 14.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
When a delay in obtaining a hearing is inordinate and inexcusable, is there a presumption of prejudice? (British Columbia, Canada)
When an accused experiences 14 to 18 months of institutional delay, can the court infer prejudice in the absence of actual prejudice? (British Columbia, Canada)
What is excusability for a lawyer to delay or delay a trial? (British Columbia, Canada)
If a plaintiff has not used an item of service in the past, is it appropriate to include that cost in the future cost award? (British Columbia, Canada)
What is the legal test for obtaining a search warrant from a court in Canada for the purpose of obtaining assistance from a foreign state? (British Columbia, Canada)
What is the impact of punitive damages on a plaintiff's ability to obtain an order for special costs? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
What is the length of delay for a post-charge delay? (British Columbia, Canada)
Can a husband obtain an injunction preventing his ex-wife from disclosing confidential information obtained during their marriage? (British Columbia, Canada)
