Is a foreclosure a remedial order rather than a declaration of a default?
Alberta, Canada
The following excerpt is from Chwyl v. Zimmerman, 2009 ABQB 686 (CanLII):
Watson, J. (as he then was), in Blair v. Desharnais, 2003 ABQB 657, dealt with an analogous issue. In that case, it was held that a foreclosure action was a remedial order because an Order Nisi was more than a declaration of a mortgage being in default; rather, it was also a judgment requiring the defendant to pay.
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