21 Venue In Foreclosure Proceedings

• 21 (1) In this section:
• “foreclosure”

• (a) does not include a proceeding to enforce or realize a security under a debenture if that security is land, and
• (b) in respect of an agreement for sale, as defined in section 16(1), means a foreclosure as defined in that section;

• “mortgage” includes an agreement for sale as defined in section 16(1).
• (2) Unless the court otherwise orders, every foreclosure proceeding on a mortgage must be commenced,

• (a) if the land that is the subject of the foreclosure proceeding is located in a municipality and there is a registry of the Supreme Court located in that municipality, at that registry, or
• (b) if the land that is the subject of the foreclosure proceeding is not located in a municipality or, if it is located in a municipality but there is no registry of the Supreme Court located in that municipality, at any registry located in the judicial district in which the land is located,

• and all applications in the proceedings must, subject to the Supreme Court Civil Rules, be heard at the location of that registry.
• (3) For the purposes of subsection (2), the Vancouver and New Westminster registries are deemed to be the same registry.
• (4) If the subject of a foreclosure proceeding is more than one parcel of land, each of which may be closer to different registries of the Supreme Court, the party commencing the proceeding has the right to decide in which of those registries to commence the proceeding.
• (5) This section does not apply if, after an allegation of a default under the mortgage, the person proposing to commence the foreclosure proceeding agrees with the registered owner of the land that is to be the subject of the proceeding, that the proceeding may be commenced at a registry other than the registry referred to in subsection (2) or (4).

1979-224-18.3; 1985-65-9, effective April 14, 1986 (B.C. Reg. 15/86); 2010-6-97, effective July 1, 2010.