Background:
The Bank of Nova Scotia applied for an order nisi for sale by real estate listing concerning a foreclosed property. The defendant, Darrell Lavigne, did not appear. The case centered on whether the bank’s valuation evidence met the court’s standards for determining an upset price.

Key Legal Issues:

1. Valuation Evidence Requirements:

   • The court emphasized that valuation evidence is critical in foreclosure to determine fair market value and protect the mortgagor's equity.
   • The evidence presented (a Comparative Market Analysis (CMA)) failed to meet standards for reliability. It was unsworn, outdated, and lacked details about the property and adjustments for comparable sales.

2. Court’s Responsibility:

   • The court reiterated its duty to ensure transparency and fairness in foreclosure, particularly as unrepresented mortgagors often lack knowledge and bargaining power.

3. Dismissal of Application:

   • The court dismissed the bank’s application due to insufficient valuation evidence, but granted leave to reapply with proper materials.

Costs and Awards:
The court directed that no costs or expenses related to the dismissed application be passed to Darrell Lavigne. Furthermore, the plaintiff could not include these costs in any future assessment of costs.

Conclusion:
The case reinforced stringent requirements for valuation evidence in foreclosure proceedings and highlighted the court’s role in protecting vulnerable mortgagors. The plaintiff was allowed to reapply upon correcting deficiencies.