CASE NO. VOL. NO. PAGE
CIBC MORTGAGE CORPORATION
PLAINTIFF
- and -
J. WILLIAM JORDAN & MARGARET R. JORDAN
DEFENDANTS
- and -
N/A DEFENDANT/GUARANTOR
2000 S. H. No. 162865 Halifax, Nova Scotia Davison, J.
[Cite as: CIBC Mortgage Corporation v. Jordan, 2001
NSSC 28 ]
HEARD: The Honourable Justice John M. Davison, Supreme Court of Nova Scotia, on February 7th, 2001, at Halifax, Nova Scotia, in Chambers.
DECISION: February 12th, 2001
SUBJECT: Foreclosure and Sale
SUMMARY: Section 42 of the Judicature Act, which provides for a discontinuance of a foreclosure and sale proceeding is not available when the term of the mortgage and renewals have ended. It also requires as a prerequisite, payment of arrears. The mortgage was fourteen months in arrears and there was insufficient evidence to grant an adjournment.
FINDING: The order for foreclosure and sale will be granted.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT FROM THE COVER SHEET.