Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: iNova Credit Union v. Giamac Inc., 2012 NSSC 431

 

Date: 20121211

Docket: Hfx No. 382080

Registry: Halifax

 

Between:

 

iNova Credit Union

 

Plaintiff

and

 

Giamac Inc.

 

Defendant

                                                            and

 

                                                Gerald Giovannetti

 

                                                                                             Defendant/Guarantor

                                                            and

 

                          Attorney General of the Province of Nova Scotia

                                                                                                             Intervenor

                                                            and

 

                                   Alfred Smithers and Edward Webber

 

                                                                                             Parties to the Motion

 

 

 

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Justice Michael J. Wood

 

Heard:                            December 10, 2012 in Halifax, Nova Scotia


 

 

 

Decision:                        December 11, 2012

 

Written Release

of Decision:           December 14, 2012

 

Subject:                          Foreclosure - Conduct of Sheriff=s Sale                  

 

Summary:                      The highest bidder at the sale did not have the required 10% deposit and requested time to obtain it.  The mortgagee objected because the second bid was sufficient to pay them in full.  The Sheriff gave 22 minutes to obtain the security.  When the high bidder did not return with the deposit, the property was sold to the second highest bidder.  The high bidder applied to set aside the sale.

 

Issue:                    Should the Sheriff=s sale be set aside in these circumstances?

 

Result:                           The sale could be set aside if the Sheriff acted unreasonably or if special circumstances existed.  The Court found the Sheriff=s actions were not unreasonable in light of the competing bids and the objection of the mortgagee.  There were no special circumstances and the high bidder had no satisfactory explanation for not having the deposit at the sale.  The application to set aside the sale was dismissed.

 

 

 

 

 

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