Background:

• Terrance Ballam mortgaged his property to Home Trust Company but failed to make payments.
• Under the Conveyancing Act, Home Trust demanded payment or vacant possession of the property, which Ballam did not fulfill.
• An Originating Application for vacant possession was initiated by Home Trust.

Outcome:

• Parties agreed to a Consent Order: Ballam to vacate by end of February 2024, Home Trust waived court costs.

Legal Guidance Provided:

• Justice MacDonald outlined procedures and requirements for lenders enforcing mortgages via powers of sale:
  • Power of Sale Requirements: Must follow specific steps including default notice and proving mortgagor's default.
  • Notice and Service: Details how default notices should be served and procedures for serving an application for vacant possession.
  • Vacant Possession Applications: Requirements for filing and content of affidavits in such applications.
  • Sale of Property: Procedures for selling a property under mortgage, including notice requirements and sale conditions.

Judicial Insights:

• Emphasized the necessity for strict compliance with the power of sale processes to ensure fairness and clarity in foreclosure cases.