Royal Bank of Canada v. Bonnar

Royal Bank of Canada v. Bonnar

No special circumstances existed to justify setting aside the properly conducted sheriff's sale: the sheriff acted reasonably in proceeding given multiple bidders and inability to contact counsel; the bank's agent's failure to attend was inadvertent forgetfulness not an unforeseeable event beyond control; the sale price was not ludicrous or shockingly inadequate; therefore the application to set aside the sale is dismissed and costs awarded to Canada Trust.

Citation
2007 NSSC 377
Parties
Applicant / First Mortgagee: Royal Bank of Canada; Respondents / Mortgagors: Ronald Bonnar and Ann Bonnar; Respondent / Second Mortgagee: Canada Trust
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 December 2007
Procedural Posture
Application to Set Aside Foreclosure Sale / Chambers Application; Oral Decision on Application
Outcome
Application to set aside foreclosure sale dismissed.
Legal Topics
Foreclosure, Sheriff's Sale, Setting Aside Judicial Sale, Discretionary Relief, Adequacy of Sale Price, Costs
Source Language
English
Property Law Civil Procedure Equity Foreclosure Sheriff's Sale Setting Aside Judicial Sale Discretionary Relief Adequacy of Sale Price +1 more

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Parties

Royal Bank of Canada

Applicant / First Mortgagee

Ronald Bonnar and Ann Bonnar

Respondents / Mortgagors

Canada Trust

Respondent / Second Mortgagee

Procedural Posture

Application to Set Aside Foreclosure Sale / Chambers Application; Oral Decision on Application

Legal Issues

  1. 1 Does the court have discretion to set aside a foreclosure sale?
  2. 2 Were there "special circumstances" warranting setting aside this sale?
  3. 3 Did the sheriff err by proceeding without postponing the sale in the absence of the first mortgagee's agent?

Ratio Decidendi

No special circumstances existed to justify setting aside the properly conducted sheriff's sale: the sheriff acted reasonably in proceeding given multiple bidders and inability to contact counsel; the bank's agent's failure to attend was inadvertent forgetfulness not an unforeseeable event beyond control; the sale price was not ludicrous or shockingly inadequate; therefore the application to set aside the sale is dismissed and costs awarded to Canada Trust.

Court Disposition

Application to set aside foreclosure sale dismissed.

Orders

  • Application to set aside the foreclosure sale of October 31, 2007 dismissed
  • Costs awarded to Canada Trust in the amount of $1,000.00