Canada Judgment

Supreme Court of British Columbia

Monrad v. Storrie

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Source document

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. Williams

Elizabeth Monrad

Petitioner Counsel: C. Williams

Shawn Robert Fee Storrie

Respondent

Maria Yvonne Caya

Respondent

Amounts and remedies

  • Redemption Period Months: 6

03

Procedural history

  1. 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

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

  1. 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

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Judgment reading view

Judgment text

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Source document

Supreme Court of British Columbia

Judgment· 17 June 2020

2020 BCSC 897

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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Authorities

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Cases, legislation, regulations, and constitutional provisions identified in the available record.

Monrad v. Storrie, 2020 BCSC 897

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