Supreme Court

Decision Information

CIBC Mortgages Inc. v. Touchie

Court Supreme Court
Date 2011-06-30
Citation 2011 NSSC 228
Docket Hfx 342933
Judge/Registrar/Adjudicator Hood, Suzanne M. (Honourable Justice)
Document Type Library Sheet
Relations Decision - CIBC Mortgages Inc. v. Touchie - 2011 NSSC 228 - 2011-06-30 - Decision

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: CIBC Mortgages Inc. v. Touchie, 2011 NSSC 228

 

Date: 20110630

Docket: Hfx. No. 342933

Registry: Halifax

 

 

Between:

CIBC Mortgages Inc.

Plaintiff

v.

 

Colin W. Touchie and L. Clare Foley

Defendants

 

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Suzanne M. Hood

 

Heard:                        May 24, 2011 in Halifax, Nova Scotia

 

Written Decision:       June 30, 2011

 

Subject:                       The applicant seeks to lift a stay under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, (“BIA”).

 

Summary:                   The Defendants had a mortgage with CIBC Mortgages Inc.  The Mortgage was not registered at the Registry of Deeds.  Subsequently, defendants executed a mortgage with another lender which was recorded.  The defendants have subsequently declared bankruptcy.

 

Issue:                          Should BIA stay be lifted?     

 

Result:                   Stay to be lifted.

 

 

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