Ishitaka v British Columbia Land and Investment Agency, Ltd.

This case involved a logger who purchased a “logging outfit” from the defendant company for $1,800. The mortgage was paid down to $1,100, but was overdue for several months when the defendants exercised their power of sale. They agreed to sell the chattels for $1,500, and gave the plaintiff written notice of the price and the time of sale, should he fail to produce the owed payment.The plaintiff’s lawyer had several unsuccessful interactions with the defendant company’s solicitors, and was told he was too late to prevent the sale when he reached their office on the appointed day. Justice Morrison determined that the plaintiff was not able to meet his financial obligations and dismissed the plaintiff’s action and the counterclaim with costs. Chief Justice Macdonald and Justice Martin determined that there “should be judgement for the plaintiff,” with costs, and that the action should be referred to the Supreme Court. (302) Irving dissented, arguing for a dismissal. The appeal was allowed.