Ackerman v. Deckman Trust

Ackerman v. Deckman Trust

Craig v. de Oliveria E Sousa remains binding; the mortgage language in this case is of the same type considered in Craig and therefore does not obligate the mortgagor to pay solicitor-and-client costs in foreclosure proceedings; summary judgment is dismissed and costs are awarded to the defendant in the amount of...

Source-derived case information.

Citation
2014 NSSC 335
Parties
Plaintiff: Michael Ackerman; Plaintiff: Shirley Ackerman; Defendant: The Deckman Trust; Defendant Guarantor: Jackie Strongman; Defendant Guarantor: Edith Strongman
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 September 2014
Procedural Posture
Mortgage Foreclosure / Motion for Summary Judgment on Evidence
Outcome
Motion for Summary Judgment dismissed; costs awarded to the defendant.
Legal Topics
Foreclosure, Costs, Solicitor and Client Costs, Stare Decisis, Mortgages
Source Language
english
Property Law Civil Procedure Contract Law Foreclosure Costs Solicitor and Client Costs Stare Decisis Mortgages

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Parties

Michael Ackerman

Plaintiff

Shirley Ackerman

Plaintiff

The Deckman Trust

Defendant

Jackie Strongman

Defendant Guarantor

Edith Strongman

Defendant Guarantor

Procedural Posture

Mortgage Foreclosure / Motion for Summary Judgment on Evidence

Legal Issues

  1. 1 Whether the mortgagee is contractually entitled to costs on a solicitor-and-client basis in foreclosure proceedings under the mortgage clause
  2. 2 Whether the Court of Appeal decision in Craig remains binding despite subsequent authorities (stare decisis vs per incuriam)
  3. 3 Whether summary judgment on the evidence is appropriate when only a legal issue remains

Ratio Decidendi

Craig v. de Oliveria E Sousa remains binding; the mortgage language in this case is of the same type considered in Craig and therefore does not obligate the mortgagor to pay solicitor-and-client costs in foreclosure proceedings; summary judgment is dismissed and costs are awarded to the defendant in the amount of $750.00.

Court Disposition

Motion for Summary Judgment dismissed; costs awarded to the defendant.

Orders

  • Motion for summary judgment dismissed
  • Costs awarded to the defendant The Deckman Trust in the amount of $750.00