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Background:
Scotia Mortgage Corporation sought foreclosure on a property owned by Edna Keep and Warren Keep after mortgage default. The property was secured on December 4, 2022, and judicial sale proceedings followed, unopposed by the defendants.
Legal Issues:
The main issue was whether the bank’s claimed costs—$7,964.47 for legal fees and $11,736.56 for property management fees—were justified and recoverable under Saskatchewan’s The Limitation of Civil Rights Act and related foreclosure statutes. The court also addressed procedural irregularities and delays caused by the plaintiff.
Court Findings:
The court held that costs must align with governing legislation. It reduced legal fees to $5,000, rejecting the bank's claim for additional costs tied to an amended statement of claim. Property management costs were reduced to $8,000 due to delays and inclusion of disallowed inspection fees and questionable snow removal charges. The court emphasized consumer protection principles, ruling that excessive costs or misconduct by the mortgagee cannot burden defaulting mortgagors.
Total Award:
The court allowed $13,000 in costs ($5,000 legal fees and $8,000 property management fees) payable to Scotia Mortgage Corporation, with further adjustments for unclaimed costs like property taxes. A deficiency judgment was deferred pending submission of an amended order.
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Plaintiff
Defendant
Court
Court of King's Bench for SaskatchewanCase Number
KBG-RG-00250-2023Practice Area
Real estateAmount
$ 13,000Winner
PlaintiffTrial Start Date