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SSC Security Services Corporation (Formerly Input Capital Corp.) v Thomas

Background:
SSC Security Services Corporation (formerly Input Capital Corp.) sought court confirmation of the sale of land listed for $2,130,000, following an amended order nisi for sale. Jeremy Edward Thomas opposed confirmation, requesting an adjournment to pursue a potential higher offer of $2,600,000, arguing this would better satisfy creditors.

Legal Issues:

  • Whether the court should confirm the judicial sale under the amended order nisi.
  • Whether the sale process demonstrated irregularity or impropriety that justified an adjournment.

Court’s Analysis:

  1. Sale Process Integrity: The court ruled that there was no evidence of irregularity or impropriety. The terms of the order nisi were followed, and the selling officer complied with legal obligations.
  2. Speculative Offer: The court found the potential higher offer speculative, as no formal offer existed. Rejecting the current offer would harm the judicial sale process’s integrity.
  3. Discretionary Limits: The court noted its discretion was confined to the order nisi and governing law, and no compelling reason existed to deny confirmation.

Decision:
The court confirmed the $2,130,000 sale and dismissed Thomas’s request for adjournment.

Costs and Award:
The judgment did not specify the total costs awarded. However, it supported the current offer to satisfy creditors while protecting the integrity of the judicial process.

SSC Security Services Corporation (Formerly Input Capital Corp.)
Law Firm / Organization
McKercher LLP
Lawyer(s)

Graham E. Quick

Jeremy Edward Thomas
Law Firm / Organization
Self Represented
Rose Anna Crowe
Law Firm / Organization
Unrepresented
The Bank of Nova Scotia
Law Firm / Organization
Unrepresented
His Majesty the King in Right of Canada (AAFC)
Law Firm / Organization
Unrepresented
Wells Fargo Equipment Finance
Law Firm / Organization
Unrepresented
Niesner Properties Inc.
Law Firm / Organization
Unrepresented
Canada Revenue Agency
Law Firm / Organization
Unrepresented
RCCS Division
Law Firm / Organization
Unrepresented
Bob Thomas
Law Firm / Organization
Unrepresented
Magnum Grain Handling Company Ltd.
Law Firm / Organization
Unrepresented
Doreen Ann Witchekan
Law Firm / Organization
Unrepresented
Court of King's Bench for Saskatchewan
QBG-RG-02544-2015
Bankruptcy & insolvency
Not specified/Unspecified
Plaintiff