Foreclosure Practice 2023

Course Chair
Lindsay D. Goldberg — Fulton & Company LLP, Vancouver

About the Course Chair
Lindsay Goldberg earned his law degree from UVic in 1985 and completed his articles with a Victoria firm, working for a very busy foreclosure practitioner there for several years after his call to the bar before moving to Vancouver, where he's practiced since.

Lindsay has kept his practice focused primarily on retail collections and mortgage enforcement for his entire 35-year career. He heads up Fulton's Vancouver office where he represents some of Canada's largest institutional lenders assisting with their retail mortgage default portfolio management.

Lindsay has participated in the creation and development of a web-based portal used by one of Canada's largest banks and others of his other institutional mortgage enforcement clients.

In his spare time, Lindsay plays trumpet and, before COVID shut down musical theatre in Vancouver, he's performed in pit bands for a few Vancouver productions, including shows with Theatre Under the Stars.

Luncheon Speaker
Adam Lawrenson, BBA, AACI. P, APP — ADLAW Appraisals Ltd., Vancouver

Adam Lawrenson founded ADLAW Appraisals Ltd. in 2013. His education in entrepreneurial leadership and his diverse appraisal background naturally led him to starting an appraisal firm of his own. He loves what he does and enjoys the variety of his work and the challenging assignments that cross his desk daily. As much as he loves real estate, he is also continuously searching for ways to improve the appraisal process for all stakeholders. Though the company has grown under his leadership, he credits his team of hardworking appraisers and friendly office staff for the success of his company.

Faculty
Master Sandra L. Dick — Supreme Court of BC, Nanaimo
Master Kimberley A. Robertson — Supreme Court of BC, New Westminster
Aron Hochhauser — Fulton & Company Law Corporation, Vancouver
Brian C. Markus — Brian C. Markus Law Corporation, Vancouver
Peter J. Reardon — Nathanson Schachter & Thompson LLP, Vancouver
Randie Wilson — Randie Wilson Law Corporation, Vancouver

Course Materials Contributors
Jennifer L. Cockbill — McMillan Dubo Law Group, Kamloops
Kayla K. Strong — Nathanson Schachter & Thompson LLP, Vancouver
Michael Wilson — Randie Wilson Law Corporation, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
Lindsay D. Goldberg — Fulton & Company LLP, Vancouver

Procedural Overview (9:10 – 10:15)

• demands for payment
• where to commence a foreclosure proceeding—local venue
• who to name as respondents in a foreclosure proceeding
• what relief to seek in a foreclosure proceeding
• giving notice of hearings
• dealing with self-represented litigants

Lindsay D. Goldberg — Fulton & Company LLP, Vancouver

BREAK (10:15 – 10:30)

Order Nisi and Order Absolute (10:30 – 11:20)

• the nature of the Order Nisi
• marshalling evidence
• what relief to seek at the hearing
• self-represented litigants
• your duty to the court
• options available to the court
• orders absolute

Randie Wilson — Randie Wilson Law Corporation, Vancouver

Order for Conduct of Sale and Order Approving Sale (11:20 – 11:55)

• jurisdiction
• who can apply for conduct or approval of sale, and when?
• listing the property
• approval of sales
• varying or appealing an order approving a sale

Lindsay D. Goldberg — Fulton & Company LLP, Vancouver

LUNCH with Featured Speaker (provided to in-person registrants) (11:55 – 1:10)

"10 Red Flags in Residential Appraisals"
Adam Lawrenson, BBA, AACI. P, APP — ADLAW Appraisals Ltd., Vancouver

View from the Bench (1:10 – 1:50)

• drafting tips
• counsel best practices
• what we have learned (theoretically) as a result of COVID-19 practices
• Q & A

Master Sandra L. Dick — Supreme Court of BC, Nanaimo
Master Kimberley A. Robertson — Supreme Court of BC, New Westminster

Costs and Protective Disbursements (1:50 – 2:25)

Costs:

• • background
  • the rule
  • the exceptions
  • assessment

Protective disbursements:

• • background/definition
  • recoverability

Peter J. Reardon — Nathanson Schachter & Thompson LLP, Vancouver

BREAK (2:25 – 2:40)

Special Considerations when Representing Subordinate Mortgagees in Foreclosure (2:40 – 3:15)

Brian C. Markus — Brian C. Markus Law Corporation, Vancouver

Practice Points and Procedure where Mortgagors are Deceased, Under Legal Disablity, or Separating/Divorcing (3:15 – 3:50)

• foreclosing on deceased borrowers
• foreclosing on incompetent borrowers
• considerations when brrowers are separated or involved in matrimonial proceedings
• reputational risk

Aron Hochhauser — Fulton & Company Law Corporation, Vancouver

Roundtable (3:50 – 4:30)

• farm debt mediation
• Income Tax Act, s. 116: non-resident tax
• GST issues
• Homeowners Protection Act: new home warranty coverage
• limitation issues
• statutory deemed trusts

Lindsay D. Goldberg — Fulton & Company LLP, Vancouver
Aron Hochhauser — Fulton & Company Law Corporation, Vancouver
Brian C. Markus — Brian C. Markus Law Corporation, Vancouver
Peter J. Reardon — Nathanson Schachter & Thompson LLP, Vancouver
Randie Wilson — Randie Wilson Law Corporation, Vancouver