The defendant property owner moved under Rule 45.02 for an order requiring her co-defendant, a second mortgagee who sold the property under a power of sale, to pay a portion of the sale proceeds into court.
The moving party alleged the mortgagee breached its duties by selling the property at an improvident price.
The court dismissed the motion, finding that while the moving party claimed a right to a specific fund, she failed to establish a serious issue to be tried regarding the mortgagee's conduct, and the balance of convenience favoured the mortgagee given the undisputed mortgage debt.
