Monrad v. Storrie
- Citation
- 2020 BCSC 897
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 17 June 2020
- Posture
- Foreclosure Proceeding / Application for Order for Conduct of Sale After Expiry of Six‑month Redemption Period Following Order Nisi
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 17 June 2020
- Posture
- Foreclosure Proceeding / Application for Order for Conduct of Sale After Expiry of Six‑month Redemption Period Following Order Nisi
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Because the six‑month redemption period expired without the property being redeemed and the respondent did not oppose, the petitioners are entitled to an order for conduct of sale on the terms set out in Part 1 of the notice of application.
Court disposition
Order for conduct of sale granted
Orders
- Order for conduct of sale granted on the terms set out in Part 1 of the notice of application.
- Petitioners are directed to submit an e‑order for the court's endorsement.
02
Material facts
Parties
Dale Monrad
Petitioner Counsel: C. WilliamsElizabeth Monrad
Petitioner Counsel: C. WilliamsShawn Robert Fee Storrie
RespondentMaria Yvonne Caya
RespondentAmounts and remedies
- Redemption Period Months: 6
03
Procedural history
Posture
Foreclosure Proceeding / Application for Order for Conduct of Sale After Expiry of Six‑month Redemption Period Following Order Nisi
04
Questions and positions
Legal issues
- 01
Whether petitioners are entitled to an order for conduct of sale after the six‑month redemption period expired without redemption
- 02
Whether adequate notice and absence of response by the owner preclude opposing the conduct of sale
Party arguments
- Applicant
- An order nisi was pronounced November 18, 2019 with a six‑month redemption period that has expired. The property has not been redeemed, other charge holders take no position and the respondent owner did not file a response. Petitioners therefore are entitled to exercise their right to attempt to sell the property and seek an order for conduct of sale on the terms in Part 1 of the notice of application.
- Respondent
- The respondent owner filed no petition response and has not opposed the application; no substantive opposing argument was advanced.
05
Court’s reasoning
Legal principles
- 01
Foreclosure practice and the order nisi pronounced in this proceeding (2020 BCSC 897)
When a redemption period set by an order nisi expires without redemption, the mortgagee/petitioner is entitled to seek an order for conduct of sale.
06
Ratio, limits and disposition
Ratio decidendi
Because the six‑month redemption period expired without the property being redeemed and the respondent did not oppose, the petitioners are entitled to an order for conduct of sale on the terms set out in Part 1 of the notice of application.
Obiter and limits
- The petitioners are encouraged to submit an e‑order for the court's endorsement.
- Other charge holders taking no position was noted by the court but was not decisive beyond absence of opposition.
Court disposition
Order for conduct of sale granted
- Order for conduct of sale granted on the terms set out in Part 1 of the notice of application.
- Petitioners are directed to submit an e‑order for the court's endorsement.
Source and reliance status
Supreme Court of British Columbia · 17 June 2020
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of British Columbia
Judgment· 17 June 2020
2020 BCSC 897 Monrad v. Storrie
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Monrad v. Storrie, 2020 BCSC 897 Date: 20200617 Docket: H10929 Registry: Prince Rupert Between: Dale Monrad and Elizabeth Monrad Petitioners And: Shawn Robert Fee Storrie and Maria Yvonne Caya Respondents Before: Master Bouck Reasons for Judgment Counsel for Petitioners: C. Williams Place and Date of Written Submissions: Victoria, B.C. June 10, 2020 Place and Date of Judgment: Prince Rupert, B.C. June 17, 2020 [1] In this foreclosure proceeding, the petitioners apply via written submissions for an order for conduct of sale. An order nisi was pronounced by the court on November 18, 2019, with a six-month redemption period that has now expired. The respondent owner did not file a petition response but has been given notice of this application. The other charge holders take no position on the application. Given that the property has not been redeemed, the petitioners are entitled to exercise their right to attempt to sell the property. Accordingly, the order for conduct of sale is granted on the terms set out in Part 1 of the notice of application. [2] The petitioners are encouraged to submit an e-order for the court's endorsement. "Master C.P. Bouck"
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