Oceanus Marine Inc. v. Saunders, (1998) 171 N.S.R.(2d) 108 (CA)

• Judge: Clarke, C.J.N.S., Hart and Chipman, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: January 21, 1998
• Jurisdiction: Nova Scotia
• Citations: (1998), 171 N.S.R.(2d) 108 (CA)

Oceanus Marine v. Saunders (1998), 171 N.S.R.(2d) 108 (CA);

    519 A.P.R. 108

MLB headnote and full text

Temp. Cite: [1998] N.S.R.(2d) TBEd. FE.090

Edmund R. Saunders and Reta W. Saunders (appellants) v. Oceanus Marine Inc. (respondent)

(C.A. 142217)

Indexed As: Oceanus Marine Inc. v. Saunders

Nova Scotia Court of Appeal

Clarke, C.J.N.S., Hart and Chipman, JJ.A.

January 21, 1998.

Summary:

Saunders and his wife defaulted on their mortgage. The mortgagee was granted an order of foreclosure and sale. The Saunders applied to set aside the sale for irregularities. The chambers judge dismissed the applica­tion. The Saunders appealed.

The Nova Scotia Court of Appeal dis­missed the appeal.

Editor's Note: For related cases involving these parties see 148 N.S.R.(2d) 282; 429 A.P.R. 282, 153 N.S.R.(2d) 267; 450 A.P.R. 267, 156 N.S.R.(2d) 287; 461 A.P.R. 287, 160 N.S.R.(2d) 393; 473 A.P.R. 393.

Mortgages - Topic 5585

Mortgage actions - Setting aside a judicial or foreclosure sale - Procedural error - Saunders and his wife defaulted on their mortgage - The mortgagee was granted an order of foreclosure and sale - Shortly before the sale was to begin, Saunders sought a postponement of the sale from the deputy sheriff to negotiate refinancing - The request was denied - At the sale Saunders gave the highest bid - Saunders was required to give a deposit for 10% of the sale price - The deputy sheriff gave Saunders 30 minutes to obtain the deposit - The deputy sheriff denied Saunders' request for more time - The sale resumed and the property was sold to the next highest bidder - Saunders applied to set aside the sale - The Nova Scotia Court of Appeal affirmed that the deputy sheriff acted within his discretion by refusing the adjournment and by resuming the sale after Saunders was given a reasonable time to provide the deposit.

Mortgages - Topic 5675

Mortgage actions - Sale - Postponement - [See Mortgages - Topic 5585 ].

Counsel:

Michael K. Power, for the appellants;

G.F. Philip Romney, for the respondent.

This appeal was heard on January 21, 1998, by Clarke, C.J.N.S., Hart and Chip­man, JJ.A., of the Nova Scotia Court of Appeal. On January 21, 1998, Clarke, C.J.N.S., delivered the following oral judg­ment for the court.