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Appeal from judgment for mortgage deficiency dismissed; no error in finding sales were not improvident.
The appellant mortgaged several properties to Royal Trust.
Following default, Royal Trust sold the properties under power of sale and sued for the deficiency.
The appellant counterclaimed, alleging the sales were improvident and Royal Trust acted in bad faith.
The trial judge awarded judgment to Royal Trust for a portion of the deficiency and dismissed the counterclaim.
On appeal, the appellant argued the trial judge erred in his findings on improvident sale, bad faith, and costs.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's reliance on valuation evidence, his rejection of the bad faith claims, or his exercise of discretion regarding costs.
