Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Aulenback v. Trans Canada Credit Corporation, 2006 NSSC 141

 

Date: 20060508

Docket: SBW 219944

Registry: Bridgewater

 

Between:                                                

 

Percy Aulenback

 

Applicant

v.

 

Trans Canada Credit Corporation

Respondent

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Justice A. David MacAdam

 

Heard:                            April 7, 2006 in Bridgewater, Nova Scotia

 

Final Written

Submissions:                  March 31, 2006

 

Subject:                          Real Property - Mortgages - Foreclosure and Sale -                                 Setting Aside Sheriff’s Sale.

 

Summary:                      Three properties of the applicant were sold together, as one “lot”, by the sheriff pursuant to an order for foreclosure, sale and possession .  At the sale, the applicant requested that the three properties be sold individually but his request was refused.  Several months following the order confirming sale, the applicant  applied to set aside the sale.

 

Issue:                    Whether a mortgagor may apply to set aside a sheriff’s sale, conducted pursuant to an order for foreclosure, sale and possession.


 

Result:                            In Nova Scotia the time within which a mortgagor may apply to redeem property, the subject of foreclosure proceedings, expires on the sale by the sheriff pursuant to the order for foreclosure, sale and possession.  Objections to the conduct of the sale may be made at/or prior to the date of the hearing the application for the order confirming the sale.

 

 

 

 

 

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