Supreme Court

Decision Information

Godt v Royal Bank of Canada

Court Supreme Court
Date 1987-09-23
Other citations [1987] NWTR 344
File numbers 7457
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
Perfaniuk v. Ladobruk (1960) 34 W.W.R. 166 (Man. C.A.);
Coulson v. Secure Holdings Ltd. (1976) 1 C.P.C. 168;
Tegelaar v. Peschmann (1985) 50 C.P.C. 23 (Ont. S.C. Master's Chambers)
Canadian Imperial Bank of Commerce v. Bury et al. (1979) 103 D.L.R. (3D) 560
Meier v. Meier (1948) 1 ALL E.R. 161.

Statutes considered:
Judicature Act
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

Decision Content

There is no document available for this decision.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.