First National Financial GP Corporation v Churko
First National Financial GP Corporation
Law Firm / Organization
MLT Aikins LLP
Casey Regan Churko
Law Firm / Organization
Self Represented

Background:
First National Financial GP Corporation sought an order nisi for foreclosure of a property located at 1201-1914 Hamilton Street, Regina, following the dismissal of Casey Regan Churko’s summary judgment defense. The mortgage had matured on December 2, 2021, with the claimed amount owing at $230,329.98.

Legal Issues:

  • Adequacy of valuation evidence: The defendant argued the plaintiff's appraisal report was inadmissible for failing to meet standards for expert evidence under Rule 5-37 of The King’s Bench Rules and case law (Bank of Nova Scotia v. Lavigne).
  • Accuracy of mortgage redemption amount: The defendant contested the amount claimed by the plaintiff, including interest and fees.
  • Redemption period: The defendant requested the standard 90-day period rather than the plaintiff’s proposed 7 days.

Court Findings:
The court held the appraisal was sufficient and reliable, the claimed redemption amount was valid, and the redemption period should be the standard 90 days. The court fixed costs at $5,000 in favor of First National Financial GP Corporation.

Conclusion:
The court granted the application for an order nisi with amendments: the use of the correct form for a matured mortgage, deletion of irrelevant claims for fire insurance, and fixing costs at $5,000.

Court of King's Bench for Saskatchewan
QBG-RG-00580-2022
Real estate
$ 5,000
Plaintiff