What is the reason why an application was adjourned for a protective disbursement in March 2015?

Nova Scotia, Canada

The following excerpt is from Toronto-Dominion Bank v. Coombs, 2016 NSSC 263 (CanLII):

Counsel for the applicant has provided me with two reasons why she adjourned her motion in March 2015, and did not amend, refile or serve it until July 2016: 1. The applicant was awaiting the actual sale of the property to a third-party, so that they would know the full extent of the deficiency claimed; this is the reason for the delay up to June 2015; 2. Following the sale, applicant’s counsel became aware of this court’s decisions in CIBC Mortgages v. Samson-Hahn 2015 NSSC 149, released May 25, 2015; and Scotia Mortgage v. Fogarty 2016 NSSC 52, released February 24, 2016. Those cases dealt with the particulars of protective disbursements and the evidence required. The applicant became aware that these decisions had been issued or were forthcoming, and wished to wait for directions or clarification therein, before proceeding with their motion.

Other Questions

What is the test for establishing that an application has been commenced as an application under the 1972 Rules of Civil Procedure? (Nova Scotia, Canada)
What factors will be considered in determining whether or not a disbursement of funds is reasonable? (Nova Scotia, Canada)
What is the test for judicial deference in determining whether a statutory interpretation is reasonable or unreasonable under reasonableness review? (Nova Scotia, Canada)
Can a defence request an adjournment for personal reasons be attributed to the delay in setting the preliminary inquiry? (Nova Scotia, Canada)
When will the court grant an original mobility application against a variation application? (Nova Scotia, Canada)
What are the reasons of a trial judge’s reasons for a finding of fact? (Nova Scotia, Canada)
What is the cost and delay of a new application in a different way than a streamlined, more cost-effective application? (Nova Scotia, Canada)
What is the test for an application for leave to terminate a relationship where the application is based on the best interest of the child? (Nova Scotia, Canada)
Where information is deficient, can an application be adjourned so the parties can provide evidence relevant to section 9(b) and 9(c)? (Nova Scotia, Canada)
What is the meaning, effect and application and application of Section 19 of the Child Support Guidelines? (Nova Scotia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.