Supreme Court
Decision Information
Abstract: Application for an order setting aside an Order Nisi and adding the Applicant as a party Defendant to the main proceeding - Applicant owned property with ex-wife - Ex-wife sole name on title - Ex-wife mortgaged the property with out the knowledge of the Applicant - Respondent foreclosed on the property and obtained an Order Nisi.
Decision: Application granted - The Rules of the Supreme Court permit the Court to add as a party anyone who should be a party under the circumstances - Applicant has an equitable interest in the property and should be a party - New trial not ordered as the matter will be heard in the Court of Appeal and can be addressed at that time.
Subjects: Mortgages - Foreclosure - Order nisi - Application for order
Civil procedure - Judgments and orders - Setting aside