Crossroads-DMD Mortgage Investment Corp. v. Gauthier, [2015] A.R. TBEd. NO.055
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | November 06, 2015 |
| Citations | [2015] A.R. TBEd. NO.055;2015 ABQB 703 |
Crossroads-DMD Mortgage v. Gauthier, [2015] A.R. TBEd. NO.055
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Currently being edited for A.R. - judgment temporarily in rough form.
Temp. Cite: [2015] A.R. TBEd. NO.055
Crossroads-DMD Mortgage Investment Corp. (plaintiff) v. Adam Christian Gauthier (defendant)
(1503 14455; 2015 ABQB 703)
Indexed As: Crossroads-DMD Mortgage Investment Corp. v. Gauthier
Alberta Court of Queen's Bench
Judicial District of Edmonton
Schulz, Master
November 6, 2015.
Summary:
The plaintiff second mortgagee ("Crossroads") alleged that the defendant mortgagor ("Gauthier") was in default of the second mortgage. Crossroads sued Gauthier and applied for a one day redemption order.
A Master of the Alberta Court of Queen's Bench granted a 30 day redemption order, following which Crossroads could list the property for sale for 60 days at $372,000 or such higher sum as the listing realtor might recommend. Costs were awarded on a solicitor-client indemnity basis. Crossroads could submit the order directly to the court for signature without first obtaining Gauthier's approval as to its form.
Courts - Topic 10
Stare decisis - Authority of judicial decisions - General principles - What constitutes obiter dictum - See paragraphs 32 and 33.
Courts - Topic 121
Stare decisis - Authority of judicial decisions - Courts of superior jurisdiction - See paragraphs 33 to 35.
Courts - Topic 554.1
Judges - Powers - To control "organized pseudolegal commercial argument" litigants - See paragraphs 19 to 48 and 97 to 104.
Mortgages - Topic 5520.1
Mortgage actions - Action for foreclosure and sale - Defences - See paragraphs 1 to 104.
Negotiable Instruments - Topic 2502
Bills of exchange - General principles - What constitutes - See paragraphs 52 to 67.
Practice - Topic 1308.3
Pleadings - Use of party's name in pleadings - See paragraph 100.
Counsel:
J. Blanchard (Hendrix Law), for the plaintiff;
Adam Christian Gauthier was self-represented.
This application was heard by Schulz, Master, of the Alberta Court of Queen's Bench,
Judicial District of Edmonton, who delivered the following decision on November 6, 2015.
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...v Envision Credit Union, 2006 BCSC 750 at paras 27, 39, 151 ACWS (3d) 204; Crossroads-DMD Mortgage Investment Corporation v Gauthier, 2015 ABQB 703 at paras 68-85, 28 Alta LR (6th) 104; and Canadian Imperial Bank of Commerce v McDougald, at paras 51-53. [95] This anti-banking conspiracy the......
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d’Abadie v Her Majesty the Queen, 2018 ABQB 298
...ABCA 14; Rothweiler v Payette, 2018 ABQB 134. As Master Schulz observed in Crossroads-DMD Mortgage Investment Corporation v Gauthier, 2015 ABQB 703 at para 41, 28 Alta LR (6th) 104, “... The “Strawman” is therefore not merely a myth. It is litigation poison. [70] I conclude that d’Abadie’s ......
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Potvin (Re), 2018 ABQB 652
...v Envision Credit Union, 2006 BCSC 750 at paras 27, 39, 151 ACWS (3d) 204; Crossroads-DMD Mortgage Investment Corporation v Gauthier, 2015 ABQB 703 at paras 68-85, 28 Alta LR (6th) 104; and Canadian Imperial Bank of Commerce v McDougald, at paras 51-53. [95] This anti-banking conspiracy the......
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d’Abadie v Her Majesty the Queen, 2018 ABQB 298
...ABCA 14; Rothweiler v Payette, 2018 ABQB 134. As Master Schulz observed in Crossroads-DMD Mortgage Investment Corporation v Gauthier, 2015 ABQB 703 at para 41, 28 Alta LR (6th) 104, “... The “Strawman” is therefore not merely a myth. It is litigation poison. [70] I conclude that d’Abadie’s ......
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Scotia Mortgage Corporation v. Landry, 2018 ABQB 951
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