Saskatoon Credit Union Ltd. v. Goertz and Atlas Industries Ltd., (1990) 84 Sask.R. 186 (CA)

• Judge: Cameron, Vancise and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: February 23, 1990
• Jurisdiction: Saskatchewan
• Citations: (1990), 84 Sask.R. 186 (CA)

Saskatoon Credit Union Ltd. v. Goertz (1990), 84 Sask.R. 186 (CA)

MLB headnote and full text

Saskatoon Credit Union Limited (plaintiff/respondent) v. Otto P. Goertz (defendant/appellant)

(No. 356)

Indexed As: Saskatoon Credit Union Ltd. v. Goertz and Atlas Industries Ltd.

Saskatchewan Court of Appeal

Cameron, Vancise and Sherstobitoff, JJ.A.

March 13, 1990.

Summary:

A credit union loaned Goertz money for commercial purposes, taking as security his promissory note and a collateral mortgage on land. Upon Goertz's default, the credit union sought judicial sale of the mortgaged premises and judgment against Goertz for the full amount owing.

The Saskatchewan Court of Queen's Bench in a judgment reported in 62 Sask.R. 282, refused to grant the credit union the relief requested, but granted an order nisi of foreclosure. The credit union appealed.

The Saskatchewan Court of Appeal, in a decision reported in 73 Sask.R. 81, allowed the appeal and ordered judicial sale. A Chambers judge, in a decision unreported in this series of reports, subsequently settled the terms of the judicial sale, including setting a reserve bid of $140,000.00. Goertz appealed, objecting to the amount of the reserve bid, claiming it was too low.

The Saskatchewan Court of Appeal dismissed the appeal.

Mortgages - Topic 5671

Mortgage actions - Sale - Judicial sale - Upset price or reserve bid - A Chambers judge set a reserve bid of $140,000.00 as being neither too high nor too low - The Saskatchewan Court of Appeal refused to interfere with the judge's discretion, where he did not err in principle, disregard some relevant matter or approach the issue in anything but a judicial way.

Practice - Topic 8804

Appeals - Duty of appellate court regarding discretionary orders - [See Mortgages - Topic 5671].

Cases Noticed:

Saskatoon Credit Union v. Goertz and Atlas Industries Ltd., [1989] 3 W.W.R. 244; 72 Sask.R. 81 (C.A.), refd to. [para. 2].

Counsel:

R.T. Carlson, for the appellant;

W. Pederson, for the respondent.

This appeal was heard before Cameron, Vancise and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal, whose decision was delivered orally by Cameron, J.A., on February 23, 1990. On March 13, 1990, Cameron, J.A., delivered the following written reasons for the court.