Case information
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38102
Rodney J. Gillis v. Bank of Nova Scotia
(New Brunswick) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-05-07 | Close file on Leave | |
| 2019-05-07 | Certificate of taxation issued to, Stephen Kingston | |
| 2019-05-07 | Decision on the bill of costs, in the amount of $1,153.07, Reg | |
| 2019-05-07 | Submission of the bill of costs, Reg | |
| 2019-02-20 | Bill of costs, (Letter Form), Completed on: 2019-02-20 | Bank of Nova Scotia |
| 2019-01-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-01-11 | Judgment on leave sent to the parties | |
| 2019-01-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 114-17-CA, 2018 NBCA 16, dated March 15, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2018-11-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-06-14 | Notice of name, (Letter Form) | Bank of Nova Scotia |
| 2018-06-14 | Certificate (on limitations to public access), (Letter Form) | Bank of Nova Scotia |
| 2018-06-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-06-14 | Bank of Nova Scotia |
| 2018-05-15 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2018-05-15 | |
| 2018-05-10 | Certificate (on limitations to public access), (Letter Form) | Rodney J. Gillis |
| 2018-05-10 | Application for leave to appeal, (Book Form), CA order missing (received 2018-05-23)., Completed on: 2018-05-24 | Rodney J. Gillis |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Gillis, Rodney J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bank of Nova Scotia | Respondent | Active |
Counsel
Party: Gillis, Rodney J.
Counsel
90 King Street
Saint John, New Brunswick
E2L 4S6
Telephone: (506) 634-3600
FAX: (506) 634-3612
Email: rjgillis@gmglaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Bank of Nova Scotia
Counsel
Lauren A. Cicin
Purdy's Wharft Tower II
1969 Upper Water Street Suite 1300
Halifax, Nova Scotia
B3J 3R7
Telephone: (902) 368-8473
FAX: (902) 368-8346
Email: stephen.kingston@mcinnescooper.com
Agent
350 - 220 avenue Laurier Ouest
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8269
FAX: (613) 565-2087
Email: atomkins@plaideurs.ca
Summary
Keywords
Civil Procedure – Summary Judgment – Creditor realized on personal guarantee without concurrently realizing on real property – Summary judgment granted in favour of creditor – Whether a duty of fairness can be excluded on the realization of a mortgage – Whether mortgagees can obtain summary judgment on their security without having to concurrently realize on the security on real property and thus have both a judgment and remained possessed with the legal title of the real property – Whether a mortgagee has to act prudently in an effort to realize upon its security before it can obtain summary judgment for the full amount on the loan secured.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The respondent, Bank of Nova Scotia sued the applicant, Rodney Gillis and his business partners to recover a debt they had personally guaranteed. The action was defended and therefore the Bank applied for summary judgment. A judge of the Court of Queen’s Bench ruled in favour of the Bank and summarily ordered judgment. The appeal of the decision was dismissed.
Lower court rulings
Court of Queen’s Bench of New Brunswick
SJC-30-2015, 2017 NBQB 172
Respondent’s motion for summary judgment against the applicant in the amount of $1,965,683.48 granted.
Court of Appeal of New Brunswick
114-17-CA, 2018 NBCA 16
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available