Is there jurisdiction to make an order for judicial sale in this action for specific performance or cancellation at the request of a defendant?

Saskatchewan, Canada


The following excerpt is from Viking Holdings Ltd. V. Basic Management Ltd., Tower Mortgage Ltd., Royal Bank Of Canada And Western Stockyards Limited, 1982 CanLII 2734 (SK QB):

I have not overlooked that in C.P.R. v. Meadows the vendor asked sale in the pleadings, but that the yendor here did not do so. It is interesting to note how close this dictum of Beck J. is to the remarks in Nelson v. Robinson, supra. All things considered, but with very considerable hesitation and reservation related to the thought that the black letter of the law may lead in the other direction, I conclude that there is jurisdiction to make an order for judicial sale in this action for specific performance or cancellation at the request of a defendant, claiming through a purchaser, who has applied after decree nisi for cancellation but before the expiration of the so-called redemption period provided for in the decree nisi for cancellation. This case does not involve an agreement for sale terminated by the terms of a decree nisi and failure to pay in accordance with the terms of the decree nisi. It is not necessary for me to consider the question of a request for judicial sale made by the defendant purchaser himself. It may be that he will often be found to be entitled only to, if anything, an extension of time to redeem. That is not today’s question.

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