Legal Blog

Sheriff’s Sale

Canaccede International Acquisitions Ltd v. Abdullah 2015 SCJ

Execution creditor frustrated because it could not get mortgage statement due to privacy issues and, without a mortgage statement, could not get the sheriff to sell the debtor’s property.

Judge held that a sheriff’s sale was not a complete code and that a creditor could engage rule 54.02 (2) (b) to direct a reference to enquire into and determine all issues relating to the conduct of the sale of the property of the execution debtor. The execution creditor could then return with the referee’s report and move for an order for sale by private contract pursuant to subrule 55.06 (1).