SUPREME COURT OF Nova Scotia
Citation: Farm Credit Canada v. Wolfridge Farm Ltd., 2015 NSSC 240
Date: 2015-08-19
Docket: Hfx No. 429150
Registry: Halifax
Between:
Farm Credit Canada
Plaintiff/Respondent
v.
Wolfridge Farm Limited, John Early and Lydia Early
Defendants/Applicants
Library Heading
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Judge: |
The Honourable Justice James L. Chipman |
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Heard: |
August 5, 2015 in Halifax, Nova Scotia |
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Oral Decision: |
August 7, 2015 |
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Subject: |
Order for Foreclosure, Sale and Possession Default Judgment |
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Summary: |
Application to set aside a foreclosure sale on the basis that the Defendants/Applicants were entitled to notice before filing their Defence. |
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Issues: |
(1) Did the Applicants meet the three part test to set aside the default judgment? (2) Was a stay warranted? |
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Result: |
Dismissed the Application on the basis that the Defendants failed on all three parts of the test and that there was no evidence to warrant a stay. Found that the Rule 31.12 requirement was met as the Plaintiff/Respondent put the Defendants/Applicants on notice regarding the default judgment. |
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