The Bank of Nova Scotia (BNS), as judgment creditor, brought a motion seeking an order for a reference to conduct the sale of the judgment debtor's real property, as an alternative to a sheriff's sale, and an order to sever the joint tenancy of the property.
The court reviewed its previous decisions and other jurisprudence regarding "special circumstances" required for a judicial sale.
The court clarified that "special circumstances" must be of a legal nature, such as impediments created by legislation like PIPEDA, and not merely the perceived inconvenience or ineffectiveness of the sheriff's sale process.
The court also reiterated that the mere filing of a writ of execution does not by itself sever a joint tenancy, requiring further steps to execute the judgment against the debtor's interest.
Consequently, the motion for a reference and for severance of the joint tenancy was dismissed without costs.
