Supreme Court

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES BETWEEN-: MORGUARD TRUST COMPANY ' Plaintiff - and - • _^AY RIVER REALTY CORPORATION LTD., THE FOUNDATION COMP-V.-JY OF CAI.\AD'A~ ma LIMITED, AND FOUNDATION OF CA.NADA ENGINEERING CORPOPJ\TION LIMITED Defendants Rii mil BEFORE THE HONOURABLE ) NORTHWEST TERRITORIES MR. JUSTICE W. G. MORROW ) ON THURSDAY THE 2 7th IN CHAMBERS, YELLOWKNIFE ) DAY OF APRIL, A.D. 1978, ORDER NISI/ORDER FOR SALE UPON THE APPLICATION of the Plaintiff AND UPON reading' the Statement of Claim and Statements of Defence filed herein, the Notice of Motion, the Affidavits of Edgar Dauphinais, Clifford C. Zeiner, and Thomas Hughes Cliff, the Certificates of Search and General Register Certificates, all filed, AND UPON hearing what was said by Counsel for the Plaintiff, Counsel for the Defendant Hay River Realty Corporation Ltd., and C'*̂'''nc:oi •Fo->- T-Hp î *̂"'̂e'̂da'"t̂ T*̂ e Foundation Cor.ioan̂ ' of C?-'n3.da w'k. \ Limited and Foundation of Canada Engineering Corporation Lirnited rilll ^^^ UPON reading the Affidavit of Michael B. Harding; mi .AND UPON THE i'u;'PLICATION of the Plaintiff to adjourn the application as against the Defendant Hay River Realty Ccrpor; > ^ ^^^^^^ ^

/ /' / 2 -I Ltd. sine die ?r.D UPCN NOTING the consent of the Counsel for all the Defendants to the said Application AND UPON THE APPL?'CATION of the Defendants, The Foundation Company of Canada Limited and Foundation of Canada Engineering Corporation Limited, to amend the Statement of Defence filed on behalf of the said Defendants to a Demand of Notice;

"AND UPON "HEARING the Application of the Plaintiff for that relief claimed in the Notice of Motion dated the 2 8th day of March, A.D., with t' 3 exception of items 1 and 2 in the

Notice of Motion which are not required in view of the aforesaid amendment by the Defendants,The Foundation Company of Canada Limited and Foundation of Canada Engineering Corporation Limited; »

1 _• AND IT APPEARING that the Plaintiff is Mortgagee of the lands in questions in this action under and by virtue of a Memorandum of Mortgage dated the 25th day of October, A.D. 1973, as amended .by an Amending Agreement between the Plaintiff and the Defendant, The Foundation Company of Canada Limited, dated the 20th day of February, A.D. 1975; AND IT APPEARING that the Plaintiff is Mortgagee of the Chattels in question in this action under and by virtue of a Chattel Mortgage dated the 12th day of June , A.D. 1975 . k I. IT IS HEREBY ORDERED that the Application as against ' the Defendant, Hay River Realty Corporation Ltd., be and the same is hereby adjourned sine die, subject co the rights of

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- 3 ­he parties or any of them to re-apply as hereinafter ordered. » 2. IT IS DECLARED that the Statement of Defence filed in ^1; the within action by The Foundation Company of Canada Limited J and Foundation of Canada Engineering Corporation Limited be

and tlie same is henceforth to be treated as if the same were a Demand of Notice filed in accordance with the Rules of the / Supreme Court of the Northwest Territories. I I 3. IT IS DECLARED that there is due and owing under the said Mortgage of land (as amended) and under the said Chattel Mortgage, as at the 27th day of April, A.D. 1978, the su:r̂. of $ ,5,y7Af'^'^- ^^ •sing $ ^) ISH--) /L-'3- "77 for principal % ^zzzzzSzjy^zz^ for interest on principal "^ /«.̂<»<L-- [f̂ j5=fe3̂ ?=̂ cto33Kje5- $ ̂ ^ 2i'^- 7? for 77-,̂ (^i^M-f / 3Tt-tft£&S t • o n : iv27^^=qzz^=f=^ =^-^-—- far-=otfe3-r^-(jh-a-i.-<fesr a n d $ •?. ?.2.,5̂ 75^ the Plaintiff's taxed costs, and that the said amount shall be realized by sale of the mortgaged lands and chattels, in default of which foreclosure may be ordered as hereinafter provided.

4. AND UPON the Defendants, The Foundation Company of Canada I ; Limited and Foundation of Canada Engineering Corporation Limited, or either of them, or anyone entitled to do so, paying to the Plaintiff or into Court to the credit of this cause on or before Ifce 27th day of October, A.D, 1978, or after the aforesaid date and before the Plaintiff obtains the final Order for foreclosure, ^ ^ ^ ^^ ^ ^ ^

VZi. • - 4 ­f I the sum of $ 2>^/~yo 9^^^' -̂ "̂ and subsequent costs, together with any other sums which the Plaintiff shall pay to protect its security, with interest on all such sum.s from the date of payment rt •• * and on the said judgment at the rate of 9% per annum, IT IS ORDERED : -ft, that the Plaintiff do execute and deliver to the persons so paying or from whom the said money shall have been received at the expense of the said person a discharge or transfer as the case shall require, of the said mortgaged security in the Statement - t of Claim mentioned, and deliver up all docum.ents relating to the mortgaged premises, namely: The whole of Lots Seven Hundred and Seventy-Two ddsh one das.h one dash one (772-1-1-1) and Seven Hundred and Seventy-lVo dash one dash one dash two (772-1-1-2- m the Town of Hay River, in the Northwest Territories according to a \ plan of survey filed in the Land Titles Office for the Northv/est Territories under Number 940 (Title #8630) - and -The whole of Lot Seven Hundred and Seventy-T̂ v'O dash one dash two (772-1-2) in the Tov.-n of Hay River in the Northwest Territories according to a plan of survey filed in the Land Titles Officf̂ for the Northwest Territories under the Number 845 (Title #8631). and relating to the mortgaged chattels referred to in the aforesaid Chattel Mortgage. ,' I' 5. AND IT IS FURTHER ORDEP̂ ED that, in the event that all arrears of principal, interest, taxes, costs and other charges made pursuant to the said Land Mortgage and Chattel Mortgage together \

with all additior.al monthly installiaents that have fallen or

. : c c will fall due is paid to the F̂ ctint ^^ ^ ^

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/ - 5 -27th day of October, A.D. 1978, then this Order and all the provisions hereof, with the exception of paragraph one of this Order, shall be stayed for so long as the monthly payments called for in the aforesaid mortgages are made at the timce and place specified in the aforesaid Land and Chattel Mortgages.

6. IT IS FURTHER ORDERED that in default of payment of the said moneys as aforesaid, the said mortgaged premises and the said mortgaged chattels shall be offe'red for sale by tender upon the terms mentioned in the advertisement and subject to the directions for advertising as approved by m.e and filed into Court, and that all tenders received be submitted } to this Honourable Court for approval. 7. AND IT IS FURTHER ORDERED that the Application of the Plaintiff for the Order appointing a Receiver and Manager of the undertaking, property and assets of the Defendants, The Foundation Corporation of Canada Limited and Foundation of ran^da Engineering Corporation Limited, and the Application of the Plaintiff for those Orders dependent upon such an appointment, are hereby dismissed.

8. AND IT IS FURTHER ORDERED that service of this Order upon the Defendants shall be effected by mailing a copy of pe same in a fully prepaid registered envelope addressed ŝ follows: ^

- 6 -Hay River Realty Corporation Ltd. c/o Messrs. Searle Richard ^ Kingsmill Barristers and Solicitors P.O. Box 9 39

YELLOWKNIFE, N.W.T.

The Foundation Company of Canada Limited c/o Messrs. Ayotte, Cooper & Company Barristers and Solicitors P.O. Box 818 4 9 08 Frank].in Avenue YELLOWKNIFE, N.W.T. XOE IHO

Foundation of Canada Engineering Corporation Limited c/o Messrs. Ayotte, Cooper L Com.pany Barristers and Solicitors P.O. Box 818 4908 Franklin Avenue YELLOWKNIFE, N.W.T. XOE IHO

9. AND IT IS FURTHER ORDEIIED that all subsequent encumbrancers } be served v/ith notice pursuant to Rule 687 and a copy of this Order pursuant to Rule 687(4) of the Rules of Court of the Supreme

Court of the Northwest Territories.

10. AND IT IS FURTHER ORDERED that any party interested shall have the liberty to apply from tim̂ e to time as he may be advised. on three (3) clear days notice given to all other parties to the within action.

11. AND IT IS FURTHER ORDERED that costs shall be to the Plaintiff taxed on double column 5 of the Rules of Court of the Supreme Court (o f the Northwest Territories, no limiting rule to apply, and tc include as disbursements the appraisal fees for the Valuator's Report >

filed herein uo to the sum of $2,000.00.. together v;ith hotel

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- 7 - accommodation and transportation fro.m Edmonton to Yellowknife return for Counsel for the Plaintiff.

lh 12. AND IT IS FURTHER ORDERED that the Clerk of the Court shall tax the costs, check the Plaintiff's computation, and insert the correct amounts in the judgment. I 13. AND IT IS FURTHER ORDERED that upon the expiration of the period of redemption, and upon filing the proof of service of Notice required by Rule 69 4 of the Rules of Court of the Suprem.e Court of the Northwest Territories, the Clerk of t.he Court will insert the date in the advertisement and in the } directions for advertising, and the Clerk is hereby authorized to do so.

CLERK 'OF THE SUPPJIME COURT Oi

ENTERED THIS A.D. I913.y Ij:>^r -r77^:z7? CLERK/OF THE SUPFvEME COURT APPROVED AS BEING THE ORDER MĴ DE Morguard Trust•• Com.pany by i t s S o l i c i t o r s M e s s r s , R e y n o l d s , Agrios s. M i r t h PER: > F R A N C I S " > R ; C E founda t ion Comoany of Canada L i m i t e d and F o u n d a t i o n * G-.f'Canada E n g i n e e r i n g Corpoj S o l i c i t o r ; ^

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THE NORTHWEST TERRITORIES

iroe copy ° '^ bQ," '^V - ' ^ ;,i7 CIERK-Or ; » -Kay R i v e r R e a l t y C o r p o r a t i o n L td , by i t s S o l J . c i t o r 3 M e s s r s . S e a r l e Richard-'^&/-^-<' i ncjsmi 1X y^y. y z, .^/., PER̂ e ' 2 "/y ^ ^^ /^'I /lyM-f^^^-^

t^ite^k^krsrii^iril^ Ji i^ . - :k fc. . .>^_-, • . - ^ * ^ . . ,. ^ I NO. SC 4041 .A.D. i; TO S ÎBSEQUE^̂ Ê X?TJI•IER '̂NCÊ S

notice f i r s t t h a t from t h e TN THE SUPRFr̂ i:; C&'JRT OF THE N0R17v,'rEcT of s-?xA/-ice of t h i L N o t i c e , lERPvITCRrES i l l be bound by t h e p r c c e e d ­in t h i s cause i n t h e same r as i f you had o r i g i n a l l y Kiude a par ty u n l e s s you, BETW n 15 days a f t c i ' Ger\ ' ice boreof , to the Court t o d i sc 'na rge , Dr add to t h e v.'i.thin Judgment, MORGUĴ RD TRUST CO^P/^I^^' 2Condly, tl ' iat you nay , upon ;e upon the P l a i i i t i f f of a P l a i n t i f f 2 of your des i re so t c do,

3 the proceedings under t h e ] - and -1 Judgment.

HAY RTTER IlE-^LTf CCPPOFATICN LTD. , DS, AGRICS & MIRTH THE FOLi\D.ATION COM?A\'Y OF C;C"-rA LE-IITED cind F0L"::DATI0M OF CfT.:.-CA I 's for t h e P l a i n t i f f ENGINT:EPJ:-:G CCP^POR^^TICN' LL"-III3I} 1 Defendants <^ A ^ 8231;;!i.'' . '"J: J -5 ORDER NISI/OPDER .FOR SALE 7 'O^ T 4 ^ > N . • ^ \ ^ I irZI

> v.i.E..30iG5~C)il _ ^ ^ ^ ^ ^

' . - . < - • : • / REYNOLDS. ASP.'OS ?< ML^TH iiC'Tij.Qti i,nc ou..c-i;o<-s 1700 Ccr.fury Place 9803 - I02A A/enuo cdmonfon A i to r f j T5J 2C7 ^ ^