Facts:
Scotia Mortgage Corporation (SMC) sought foreclosure on a property mortgaged by Jaimie Kendra Yamniuk, with the Royal Bank of Canada (RBC) as a subsequent encumbrancer. SMC alleged non-payment of the mortgage and pursued judicial sale proceedings. RBC opposed specific costs claimed by SMC.

Legal Issues:

1. Whether SMC’s ex parte Order Nisi for Sale by Real Estate Listing complied with Saskatchewan law.
2. Whether SMC’s legal fees and property management fees were recoverable under the mortgage terms.
3. Whether RBC was entitled to costs for opposing SMC’s claims.

Key Findings:

• SMC’s draft Order Nisi improperly retained sale proceeds and bypassed court-assessed costs, contrary to established case law.
• The court awarded SMC $7,500 for legal fees (inclusive of disbursements and taxes) and $5,165.93 for property management fees but rejected additional closing costs of $1,071.37 claimed by SMC’s counsel, MLT Aikens.
• RBC was awarded $1,000 in costs, payable by SMC, due to procedural failures and unsupported cost claims.

Outcome:
SMC was awarded a total of $12,665.93 but was required to pay $1,000 to RBC, leaving a net award of $11,665.93 from the sale proceeds. Remaining sale proceeds were directed to RBC after deducting these amounts.