CIBC Mortgages Inc v Smith, 2015 ABQB 804

Court of Queen ’ s Bench of Alberta Citation: CIBC Mortgages Inc v Smith, 2015 ABQB 804 Date: 20151215 Docket: 1303 17513 Registry: Edmonton Between: CIBC Mortgages Inc Plaintiff - and - Peggy-Lee Smith and Lawrence Pilipchuck Defendant _______________________________________________________ Memorandum of Decision of S. L.

Schulz , Master in Chambers _______________________________________________________ [ 1 ] On December 8th, 2015, Counsel for CIBC Mortgages Inc. made an Application for Advice and Directions with respect to the amounts disallowed by the Assessment Officer on the Affidavit of Property Management Fees. The Court gives the following advice: 1. The application brought by CIBC should be an application to set aside the decision of the Assessment Officer with respect to the amounts disallowed on the Affidavit of Property Management Fees filed on November 9, 2015.

2. Given that the Defendants appeared on the Redemption Order Application and the Application for Sale to Plaintiff, this application should be brought on notice to the Defendants. 3. The application should be supported by an affidavit that sets out the following:

a) exactly where the subject property is located;

b) swears that there is no property manager closer than Edmonton to perform the inspections, or if there is, advise why this particular property inspector has been chosen;

c) details how far the property manager had to travel and any other facts that might justify an increase in the standard amount allowed for property inspections;

d) explains why it was necessary to have inspections done every week instead of every two weeks or longer; and

e) explains why it is reasonable and proper to allow inspections prior to the application for a Preservation Order (other than the inspection which resulted in the initial discovery of the need for a Preservation Order). 4. On future files, this information should be automatically provided to the Assessment Officer when seeking something in excess of the standard amounts allowed. [ 2 ] There will be no costs to either party of the application for the application for advice and directions. Heard on the 8 th day of December, 2015. Dated at the City of Edmonton, Alberta this 15 th day of December, 2015. S. L. Schulz M.C.C.Q.B.A. Appearances: Jennifer Blanchard Hendrix Law for the Plaintiff