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Summaries Sunday: SOQUIJ on Hypothecary Creditor's Right to Pursue Judgment Execution

Slaw - Canadian Legal Blog
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Summary

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  • The Superior Court of Quebec has authorized a mortgage creditor to proceed with the execution of a judgment allowing the judicial sale of a property, despite the debtor's intention to propose a settlement.
  • Judge Céline Legendre ruled on August 13, 2026, that the creditor's request was justified due to serious prejudice suffered, including unpaid dues since September 2023.
  • The court exercised its discretionary power under Article 69.4 of the Bankruptcy and Insolvency Act, stating that the debtor's actions indicated attempts to delay proceedings.
  • This decision underscores the strict observance of legal provisions affecting debtor and creditor rights in insolvency cases.

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