Background:

• Tony Silvaggio owes RBC $18,378.19 plus costs for unpaid credit card bills.
• Default judgment was obtained against Silvaggio on February 4, 2022.
• Silvaggio has not paid the judgment.
• Silvaggio co-owns a property at 21 Limerick Avenue, Toronto, with Kelly Ann Silvaggio.
• RBC wants to sell this property to recover the debt.

Legal Proceedings:

• RBC filed a writ of seizure and sale on February 4, 2022.
• RBC prefers a judicial sale over a sheriff’s sale, believing it will yield a better price.
• The court was asked to appoint a referee to conduct an inquiry under Rule 54.02 of the Rules of Civil Procedure.
• Orders sought by RBC include severing the joint tenancy and proceeding with a judicial sale.

Court Findings:

• RBC did not establish special circumstances or prove the judicial sale process is more effective.
• The judicial sale process is cumbersome, expensive, and a poor use of judicial resources.
• Broad J.'s decision in Canaccede International Acquisitions Ltd. v. Abdullah requires "special circumstances" for judicial sales.

Decision:

• The motion for a reference and judicial sale was dismissed.
• The court declined to sever the joint tenancy of the property.
• No order as to costs was made.

Key Points:

• Judicial sales are not inherently superior to sheriff’s sales without compelling evidence.
• The judicial sale process requires significant court resources and time.
• RBC’s argument for severing joint tenancy was not supported by sufficient legal authority.

Total Monetary Award:

• Monetary Award: $18,378.19
• Costs: $351.00
• Interest: The judgment bears interest at the rate of prime plus 6.9%.
• Total: $18,729.19 plus interest.