BC Supreme Court Overhauls Foreclosure Procedures with New Practice Direction (PD-66)
The Supreme Court of British Columbia has instituted significant changes to the handling of foreclosure matters through the issuance of Practice Direction 66 (PD-66), titled "Foreclosure Proceedings." Taking effect on March 3, 2025, this new directive notably mandates a return to in-person bidding processes for foreclosure sales and other court-ordered sales of land, signaling a shift in procedural emphasis.
PD-66 establishes a general requirement for physical presence at foreclosure proceedings, with remote attendance via telephone or video conference being discouraged, although applications for leave to attend remotely may be considered in exceptional circumstances. A key procedural adjustment involves applications for the approval of sale using sealed bids: these bids must now be collected and assembled in the courtroom by 9:45 a.m. on the day of the hearing.7 This Practice Direction also formally rescinds two prior directives: PD-33, which concerned telephone appearances for foreclosure applications, and PD-62, which detailed the sealed bid process for foreclosures and other land sales. The move away from directions that facilitated remote processes suggests a judicial preference for physical presence in these specific types of hearings, possibly to enhance scrutiny, public access, and the perceived fairness of these sales processes.
These revised procedures carry immediate and practical consequences for all parties involved in foreclosure actions, including lawyers, lenders, and borrowers. The renewed emphasis on in-person attendance and the standardized sealed bid collection process are intended to bolster the transparency and integrity of court-ordered sales. By setting a clear deadline for sealed bids and requiring in-person collection, PD-66 aims to create a more uniform and predictable framework for these transactions, promoting fairness and potentially reducing disputes related to the mechanics of the sale. Legal professionals must promptly adjust their practices to align with these new requirements, including advising clients on the necessity of in-person representation or engaging an agent for the submission of bids if they cannot attend personally.
For complete details, refer to PD-66 - Foreclosure Proceedings on the BC Supreme Court website.