Legal Blog

Judicial Sale

Bank of Nova Scotia v. Carmichael 2022 Ont SCJ

A judgment creditor attempted to obtain an order for judicial sale rather than using the process for a sheriff’s sale under the Execution Act. The creditor led no evidence of special circumstances, other than its contention that a judicial sale was faster, easier, and less costly. The judge dismissed the motion, for the same reasons as in RBC v. Wong: no special circumstances, no relief.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.