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Interim family-law order under Rule 15-8: the family home must be sold unless the respondent redeems the mortgage by a fixed deadline.
L’application visant à réactiver un appel abandonné est rejetée : le délai de deux ans est inusité, la justification est insuffisante et le pourvoi manque de mérite.
Post-trial costs ruling in a property dispute: double costs under Rule 9-1 were refused because settlement offers were not served on all parties of record.
The court struck negligence claims arising from a foreclosure sale, dismissed trespass claims and the appraiser-based conspiracy claim, and allowed a limited amendment to the remaining conspiracy claim.
The appeal was dismissed because the chambers judge did not err in refusing an adjournment where Wolfridge produced uncertified and untimely US bankruptcy materials and failed to follow the statutory recognition process; the judge lawfully exercised discretion and inherent jurisdiction over foreclosure proceedings (foreclosure orders are not final prior to sale) to address repeated abusive conduct by Wolfridge, decline a stay, forfeit the deposit, declare the second-highest bidders successful, grant possession and costs; no denial of procedural fairness or rule-based prejudice was shown.
Source excerpt
Foreclosure application for an order absolute was granted after the mortgage remained in default for years, with no realistic prospect of redemption or successful sale.
The court dismissed Rascal Trucking’s claim to an interest in land, finding no agreement and no resulting or constructive trust after a nuisance-related payment.
The court held that alleged post-foreclosure misconduct by Multimetro was not relevant to the certified common issues and was inadmissible at the common-issues trial.
The court ordered return of a $45,000 real estate deposit after a flood and unresolved home warranty insurance issue prevented completion of a court-approved sale.
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