Pier 99 Products Ltd. v. Bank of Nova Scotia
Because the Certificate of Judgment was registered after the foreclosure order, the Sheriff’s sale and the purchaser's completion of the purchase, the mortgagor had no exigible interest in the land at the time of registration and the Certificate could not attach to the land; accordingly the appeal was dismissed.
Source-derived case information.
- Citation
- 2004 NSCA 6
- Parties
- Appellant: Pier 99 Products Limited; Respondent: The Bank of Nova Scotia
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 January 2004
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Exigible Interest, Certificate of Judgment, Foreclosure and Sale, Sheriff's Sale, Priority of Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pier 99 Products Limited
Appellant
The Bank of Nova Scotia
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the mortgagor retained an exigible interest in land at the time Pier 99 registered its Certificate of Judgment
Ratio Decidendi
Because the Certificate of Judgment was registered after the foreclosure order, the Sheriff’s sale and the purchaser's completion of the purchase, the mortgagor had no exigible interest in the land at the time of registration and the Certificate could not attach to the land; accordingly the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs fixed at $1,000 inclusive of disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Pier 99 Products Ltd. v. Bank of Nova Scotia Court Court of Appeal Date 2004-01-13 Citation 2004 NSCA 6 Docket CA 292464 Judge/Registrar/Adjudicator Hamilton, M. Jill (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA); Cromwell, Thomas A. (Honourable Justice) Document Type Decision Relations Library Sheet - Pier 99 Products Ltd. v. Bank of Nova Scotia - 2004 NSCA 6 - 2004-01-13 - Library Sheet Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Pier 99 Products Ltd. v. Bank of Nova Scotia, 2004 NSCA 6 Date: 20040113 Docket: CA 292464 Registry: Halifax Between: Pier 99 Products Limited Appellant v. The Bank of Nova Scotia Respondent Judges: Roscoe, Cromwell and Hamilton, JJ.A. Appeal Heard: January 13, 2004, in Halifax, Nova Scotia Written Judgment: January 14, 2004 Held: Appeal dismissed per oral reasons for judgment of Cromwell, J.A.; Roscoe and Hamilton, JJ.A. concurring. Counsel: Alan V. Parish, Q.C., for the appellant Stephen Kingston and Rebecca Pitts, for the respondent Reasons for judgment: [1] This is an appeal from a decision of Scanlan, J. which is now reported at (2003), 214 N.S.R. (2d) 306. The facts are fully set out in the decision and need not be repeated here. [2] Only one issue is raised on appeal and therefore it is not necessary for us to comment on any other aspects of the decision. That single issue is whether the mortgagor retained an exigible interest in land at the time Pier 99 registered its Certificate of Judgment. [3] Scanlan J. held, primarily on the basis of Pew v. Zinck , [1953] 1 S.C.R. 285 that where, as here, the Certificate of Judgment was registered after both the order of foreclosure, sale and possession in the form employed here, and the Sheriff’s Sale and where the buyer at the Sheriff’s sale subsequently completed the purchase according to the terms of the sale, there was no exigible interest in land remaining in the mortgagor at the time of registration of the Certificate of Judgment. In spite of Mr. Parish’s very able arguments, we agree with this conclusion and, accordingly, dismiss the appeal with costs fixed at $1,000.00 inclusive of disbursements. Cromwell, J.A. Concurred in: Roscoe, J.A. Hamilton, J.A.