SUPREME COURT OF NOVA SCOTIA
Citation: Concentra Financial Services Association v. MacKay, 2012 NSSC 333
Date: 20120802
Docket: Hfx No. 356543
Registry: Halifax
Between:
Concentra Financial Services Association
Plaintiff
and
David Douglas MacKay
Defendant
DECISION
Judge: The Honourable Justice Gerald R. P. Moir
Heard: August 2, 2012
Oral Decision Transcribed,
Edited, and Signed on September 25, 2012
Counsel: Joe McNally, for plaintiff
David Douglas MacKay, on his own
Moir J. (Orally):
[1] Mr. MacKay's allegation that the property manager broke into the premises is not supported by any evidence before me and it is likely based on the evidence I do have that they simply exercised the mortgagee's right to take possession which was granted to them by Mr. MacKay when he signed the mortgage.
[2] As regards the charges, I have reviewed them and they seem to me to be appropriate.
[3] His greatest concern as Mr. McNally says is that the property was worth more than it sold for. First off, I believe it is settled law that once a mortgagee buys the mortgaged property at a sheriff's sale, the mortgagee owes no duty of care to the mortgagor. No duty to get a fair price.
[4] Secondly, I am satisfied based on the evidence that is before me that the mortgagee, through its property management company, saw to it that there was a fair exposure of the property on the market and the evidence satisfies me that it did achieve market value.
[5] Therefore, I will grant the order for a deficiency judgment.
J.