Royal Bank of Canada v. Sears et al., 2018 NBCA 39

JurisdictionNew Brunswick
JudgeThe Honourable Justice Drapeau,The Honourable Justice Quigg,The Honourable Justice Green
Citation2018 NBCA 39
CourtCourt of Appeal (New Brunswick)
Date30 August 2018
Docket Number42-17-CA, 43-17-CA, 44-17-CA
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8 practice notes
  • Paul's Transport Inc. v. Immediate Logistics Limited,
    • Canada
    • Court of Appeal (Ontario)
    • 5 Agosto 2022
    ...for claims brought under r. 76 has since been increased from $100,000 to $200,000. [2] See also Royal Bank of Canada v. Sears et al., 2018 NBCA 39, 426 D.L.R. (4th) 122, at para. 36, where the court declined to follow the Umlauflass="MsoFootnoteReference">[2] See also Royal Bank of Canada v......
  • Royal Bank of Canada v. Allan Marshall & Associates Inc., as Trustee in Bankruptcy, for the Estate of Susan Lynn Williams,
    • Canada
    • Court of Appeal (New Brunswick)
    • 14 Abril 2022
    ...Contending the trial judge impermissibly raised issues beyond the pleadings, the Bank relies on Royal Bank of Canada v. Sears et al., 2018 NBCA 39, [2018] N.B.J. No. 190 (QL). The Bank submits such evidence is not relevant to a determination of whether the power of sale was properly [34]&#x......
  • 675670 N.B. Inc. et al. v. 051084 N.B. LTD. et al.,
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • 31 Octubre 2018
    ...Notice of Mortgage Sale, relying on the recent decision of the New Brunswick Court of Appeal in Royal Bank of Canada v. Sears et al., 2018 NBCA 39.  Plaintiff counsel submits that case is distinguishable where the security described in the collateral mortgage in the present case is spe......
  • BANK OF MONTREAL v. BRYAN WILLARD DUNCAN and LISA LORRAINE DUNCAN, 2020 NBQB 135
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • 27 Julio 2020
    ...referred to by Mr. Duncan in his pleading.] That doctrine was considered by our Court of Appeal in Royal Bank of Canada v. Sears et al., 2018 NBCA 39.  That case was in the context of a Mortgage Sale, and not the enforcement of a security over personal property, but the Court of Appeal......
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8 cases
  • Paul's Transport Inc. v. Immediate Logistics Limited,
    • Canada
    • Court of Appeal (Ontario)
    • 5 Agosto 2022
    ...for claims brought under r. 76 has since been increased from $100,000 to $200,000. [2] See also Royal Bank of Canada v. Sears et al., 2018 NBCA 39, 426 D.L.R. (4th) 122, at para. 36, where the court declined to follow the Umlauflass="MsoFootnoteReference">[2] See also Royal Bank of Canada v......
  • Royal Bank of Canada v. Allan Marshall & Associates Inc., as Trustee in Bankruptcy, for the Estate of Susan Lynn Williams,
    • Canada
    • Court of Appeal (New Brunswick)
    • 14 Abril 2022
    ...Contending the trial judge impermissibly raised issues beyond the pleadings, the Bank relies on Royal Bank of Canada v. Sears et al., 2018 NBCA 39, [2018] N.B.J. No. 190 (QL). The Bank submits such evidence is not relevant to a determination of whether the power of sale was properly [34]&#x......
  • BANK OF MONTREAL v. BRYAN WILLARD DUNCAN and LISA LORRAINE DUNCAN, 2020 NBQB 135
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • 27 Julio 2020
    ...referred to by Mr. Duncan in his pleading.] That doctrine was considered by our Court of Appeal in Royal Bank of Canada v. Sears et al., 2018 NBCA 39.  That case was in the context of a Mortgage Sale, and not the enforcement of a security over personal property, but the Court of Appeal......
  • 675670 N.B. Inc. et al. v. 051084 N.B. LTD. et al.,
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • 31 Octubre 2018
    ...Notice of Mortgage Sale, relying on the recent decision of the New Brunswick Court of Appeal in Royal Bank of Canada v. Sears et al., 2018 NBCA 39.  Plaintiff counsel submits that case is distinguishable where the security described in the collateral mortgage in the present case is spe......
  • Request a trial to view additional results

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