SUPREME COURT OF NOVA SCOTIA
Citation: Royal Bank of Canada v. Moffat, 2013 NSSC 111
Date: 20130321
Docket: Hfx No. 408843
Registry: Halifax
Between:
Royal Bank of Canada
Plaintiff
v.
Paul Alexander Richard Moffat and Nancy Lynn Everson
Defendants
v.
N/A
Defendant-Guarantor
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: February 27 and March 20, 2013 (in Chambers), in Halifax, Nova Scotia
Written Decision: March 21, 2013
Subject: Foreclosure - Appointment of Person to Conduct Sale
Summary: The Plaintiff requested the appointment of a lawyer to conduct the foreclosure sale, rather than the sheriff.
Issue: Should a non-sheriff be appointed to conduct the foreclosure sale and, if so, on what terms?
Result: The Court reviewed the role of sheriffs in conducting judicial sales and concluded that other persons could be appointed in appropriate circumstances. Here, the person was an officer of the court, experienced in foreclosures, and insured. Appointment would reduce the sale expenses.
Motion granted.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.