Stephen Werbowyj

The appellant mortgagor appealed an order discharging a certificate of pending litigation and dismissing his motion to determine the redemption amount for mortgages on his property.

The property had already been sold by the respondent mortgagee under a power of sale before the motion was heard.

At the hearing, the appellant orally requested that the sale be set aside.

The motion judge refused, noting the purchaser was not a party and the relief was not sought in the notice of motion.

The Court of Appeal dismissed the appeal, affirming that any challenge to the sale required proper pleadings and notice to the purchaser.

The appellant appealed an order discharging a certificate of pending litigation and dismissing a motion to determine the redemption amount for mortgages on a property that had already been sold under power of sale.

The appellant had orally requested the motion judge to set aside the sale.

The Court of Appeal upheld the motion judge's refusal to set aside the sale, noting that the purchaser was not a party to the proceedings, had not been served, and the relief was not sought in the notice of motion.

The appeal was dismissed with costs.