Background:
Scotia Mortgage Corporation (SMC) applied to assess the costs of a judicial sale, post-leave solicitor-client costs, and property management expenses after the defendants, Murray Kent Schneikart, Mary-Ellen Grace Schneikart, and Helen Tenn, vacated the property. The judicial sale price was $47,500, with net proceeds of $48,199.78. The outstanding mortgage balance was $45,771.42, leaving a surplus of $2,428.36.

Legal Issues:
The court addressed whether SMC could claim:

1. Separate legal fees for the sale transaction, despite prior rulings rejecting such claims.

2. Inspection fees after the property was vacated, which had been disallowed in Scotia Mortgage Corporation v. Keep (2024 SKKB 133).

3. Solicitor-client costs exceeding standard foreclosure allowances.

Court’s Findings:
The court ruled that SMC improperly attempted to recover “illusory” sale closing costs of $1,061.50, contradicting prior rulings (Scotia Mortgage Corporation v. Yamniuk). As a sanction, the court reduced SMC’s post-leave legal costs by $500, allowing $3,886.10 instead of $4,386.10.

Final Award:
SMC’s assessed costs totaled:

• $3,886.10 in legal fees (+ disbursements/taxes)

• $6,049.02 in property management fees

• $2,109.00 in real estate commissions

• $527.25 in selling officer fees

The court warned SMC against future non-compliance with established foreclosure cost rules.