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In This Volume

  • 31 (1) A mortgagor seeking to redeem a mortgage of property is entitled to do so without paying money due under a separate mortgage made by the mortgagor or by a person through whom the mortgagor claims, solely charging property not comprised in the mortgage the mortgagor seeks to redeem.
  • (2) This section is subject to a contrary intention expressed in the mortgages or any of them and does not apply if all the mortgages were made before October 31, 1979.
  • (3) Except as provided in this section, the doctrine of consolidation is abolished.



See the following for further information:

  • “Consolidation and Marshalling” in Foreclosures—1994 (CLEBC, 1994); and C. Brousson, “Marshalling, Apportionment and Consolidation” in Foreclosures—2009 (CLEBC, 2009)
  • Di Castri, Registration of Title to Land, vol. 2, para. 529



See Kootenay Savings Credit Union v. Forry, [1980] B.C.J. No. 1667 (QL) (S.C.), in which the court discusses consolidation at length.

Mortgagee’s Right to Consolidate

A mortgagor granted land mortgages in British Columbia and Alberta to a mortgagee. The British Columbia mortgage was expressed to be subject to the doctrine of consolidation to the extent permitted by s. 31. The mortgagee was entitled to a declaration that the mortgagor was not entitled to redeem the British Columbia mortgage without redeeming the Alberta mortgage. The court can exercise jurisdiction in personam as to real property outside its jurisdiction (Bank of British Columbia v. World Land Ltd., 1984 CanLII 901 (BC SC)).