SUPREME COURT OF NOVA SCOTIA
Citation: Ackerman v. Deckman Trust 2014 NSSC 335
Date: September 22, 2014
Docket: Pictou No. 429713, 415134
Registry: Pictou
Between: Michael Ackerman and Shirley Ackerman Plaintiffs
v.
The Deckman Trust Defendant
v.
Jackie Strongman and Edith Strongman Defendant-Guarantors
LIBRARY HEADING
Judge: The Honourable Justice N.M. Scaravelli
Heard: July 30, 2014, in Pictou, Nova Scotia
Written Decision: September 22, 2014
Subject: Summary Judgement on question of law – entitlement to costs in a foreclosure pursuant to mortgage contract.
Summary: Following commencement of foreclosure proceeding defendant paid out mortgage balance. Plaintiff mortgagees sought costs as between solicitor and client pursuant to contractual language in the mortgage. The defendant submitted language does not apply to foreclosure proceeding as stated in Craig v. de Oliveria E Sousa [1984] N.S.J. 387.
Issue: Is Craig binding authority?
Result: Despite recent case law, the doctrine of stare decisis applies and based on the Court of Appeal decision in Craig, the defendant is not contractually obligated to pay costs as between solicitor and client where a foreclosure proceeding was commenced.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.