Supreme Court

Decision Information

Decision Content

 

       20030703

                        2003NSSC140

   S.Y.No. 6444

 

COASTAL FINANCIAL CREDIT UNION LIMITED

            Plaintiff

- and -

 

LUKE DANIEL MULLEN and TAMMY CHURCHILL

 

            Defendants

 

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LIBRARY SHEET

 

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HEARD:               Before the Honourable Justice Charles E. Haliburton

at Annapolis Royal, Nova Scotia, on the 5th day

of June, A.D. 2003

 

DECISION: The 5th day of June, A.D. 2003

 

SUBJECT:           Foreclosure; Sheriffs obligations/report; Business

Occupancy Tax

 

SUMMARY:         On foreclosure sale, Sheriff received from the Municipality a certificate for taxes outstanding including Business Occupancy Tax on commercial property being foreclosed.  Mortgagee objected to the payment of occupancy tax in priority to its mortgage/judgment.

 

ISSUE:                 Is Business Occupancy Tax a lien on real property?

 

RESULT:             A review of the specific sections of the Municipal Government Act NSS Statutes 1998 ch. 18 relating the creation of lien, that is, Sections 128 (a), 129 (a) and 133 make it clear that Business Occupancy tax does not create a lien on real estate and the interest foreclosed by the mortgagee.  This is consistent with the historical context in which the Business Occupancy Tax provisions were created.  The mortgage has priority over the municipalitys claim for Business Occupancy Tax.

 

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