Concentra Financial Services Association v. MacKay, 2012 NSSC 333

SUPREME COURT OF NOVA SCOTIA Citation: Concentra Financial Services Association v. MacKay, 2012 NSSC 333 Date: 20120802 Docket: Hfx No. 356543 Registry: Halifax Between: Concentra Financial Services Association Plaintiff and David Douglas MacKay Defendant DECISION Judge: The Honourable Justice Gerald R. P. Moir Heard: August 2, 2012 Oral Decision Transcribed, Edited, and Signed on September 25, 2012 Counsel: Joe McNally, for plaintiff David Douglas MacKay, on his own Moir J. (Orally):

Moir J. (Orally): [ 1 ] Mr. MacKay's allegation that the property manager broke into the premises is not supported by any evidence before me and it is likely based on the evidence I do have that they simply exercised the mortgagee's right to take possession which was granted to them by Mr. MacKay when he signed the mortgage. [ 2 ] As regards the charges, I have reviewed them and they seem to me to be appropriate. [ 3 ] His greatest concern as Mr. McNally says is that the property was worth more than it sold for.

First off, I believe it is settled law that once a mortgagee buys the mortgaged property at a sheriff's sale, the mortgagee owes no duty of care to the mortgagor. No duty to get a fair price. [ 4 ] Secondly, I am satisfied based on the evidence that is before me that the mortgagee, through its property management company, saw to it that there was a fair exposure of the property on the market and the evidence satisfies me that it did achieve market value. [ 5 ] Therefore, I will grant the order for a deficiency judgment. J.