Can an application by an owner for a right to redeem after an order for sale of a property is granted?
Alberta, Canada
The following excerpt is from Western P.I.G. Inc. v. Friesen, 2010 ABQB 155 (CanLII):
Campbell v. Holyland (1877), 7 Ch. D. 166 is distinguishable as it deals with an application by an owner for a right to redeem after an order for sale of the property was granted.
Stevens v. Theatres Ltd., [1903] 1 Ch. 857 did not deal with a court’s power to amend an existing foreclosure order. There, an order fixed a period of redemption and allowed for foreclosure in default of payment. The court said that where there was a contractual right of sale, it was not lost by virtue of the prior order, but the right of sale could not be exercised without leave of the court.
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