Scotia Mortgage Corporation v. Self

Scotia Mortgage Corporation v. Self

The motion to set aside the Sheriff’s sale was dismissed because the required notices were properly sent to the managing director of the subsequent encumbrancer at the address previously used, the Movers unreasonably delayed accepting delivery such that laches applied, Thrum lacked standing to dispute the adjudged...

Source-derived case information.

Citation
2014 NSSC 178
Parties
Plaintiff/respondent: Scotia Mortgage Corporation; Defendant/mover: Anton E. Self; Subsequent Encumbrancer/mover: Thrum Capital Ltd.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 May 2014
Procedural Posture
Foreclosure / Chambers Motion to Set Aside Sheriff’s Sale; Related Motion to Lift Interim Injunction and Confirm Sale
Outcome
Motion dismissed; Sheriff’s sale confirmed; interim injunction lifted; costs awarded to plaintiff
Legal Topics
Sheriff's Sale, Notice to Subsequent Encumbrancer, Laches, Foreclosure, Interim Injunction, Costs
Source Language
english
Real Property Mortgage Law Civil Procedure Equity Sheriff's Sale Notice to Subsequent Encumbrancer Laches Foreclosure +2 more

Source-derived case record

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Parties

Scotia Mortgage Corporation

Plaintiff/respondent

Anton E. Self

Defendant/mover

Thrum Capital Ltd.

Subsequent Encumbrancer/mover

Procedural Posture

Foreclosure / Chambers Motion to Set Aside Sheriff’s Sale; Related Motion to Lift Interim Injunction and Confirm Sale

Legal Issues

  1. 1 Whether the Notice of Public Auction and Notice to Subsequent Encumbrancer were properly given
  2. 2 Whether the Sheriff’s sale should be set aside for lack of notice or defective notice
  3. 3 Whether laches or delay by the Movers precluded relief

Ratio Decidendi

The motion to set aside the Sheriff’s sale was dismissed because the required notices were properly sent to the managing director of the subsequent encumbrancer at the address previously used, the Movers unreasonably delayed accepting delivery such that laches applied, Thrum lacked standing to dispute the adjudged amount, and the court’s orders and Rules did not permit a postponement based on their delay; consequently costs were awarded, the interim injunction was lifted and the Sheriff’s sale confirmed.

Court Disposition

Motion dismissed; Sheriff’s sale confirmed; interim injunction lifted; costs awarded to plaintiff

Orders

  • Motion dismissed
  • Mr. Self to pay costs of $500.00 forthwith to Scotia Mortgage Corporation