COURT FILE NUMBER Q.B.G. No. 1438 of 2014 COURT OF QUEEN'S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE SASKATOON PLAINTIFF PETER VLEEMING DEFENDANTS: 7308515 CANADA LTD., RICHTER BRZEZINSKY, ARTURO CREO AND FELMA CAPUS-CREO AND CCBR ENTERPRISES INC., SASKATCHEWAN EMPLOYMENT STANDARDS DIVISION , AFFINITY CREDIT UNION 2013, AND STEINBACH CREDIT UNION LIMITED ORDER NISI FOR FORECLOSURE BEFORE THE HONOURABLE MR JUSTICE G. N. ALLBRIGHT in chambers the 7th day of May, 2015. On the application of counsel for the plaintiff, on reading the Claim with proof of service, the mortgage sued on in this action, the ISC copy of title, Judgment Registry search, Affidavit of Peter Vleeming, Certificate of Search and Certificate of Lawyer, filed: The Court declares and orders that: 1) The full amount due for principal and interest under the mortgage: - between 7308515 Canada Ltd, as mortgagor, and Peter Vleeming, as mortgagee: - dated the10th day of February, 2014; and - registered in the land titles registry on the 14th day of February, 2014, as interest register no. /19787395 and covering the following land: Surface Parcel #117458949 Lot 4 Blk/Par 13 Plan No 83550306 Extension 0 Surface Parcel #117458927 Lot 6 Blk/Par 13 Plan No 83550306 Extension 0 on the 26th day of March, 2015 is $288,099.75, and the amount due for arrears under the mortgage on the 26th day of March, 2015 is $288,099.75. 2) The plaintiff is entitled to judgment against the defendants, 7308515 Canada Ltd., Richter Brzezinsky, Arturo Creo and Felma Capus-Creo, for the sum of $288,099.75 together with interest on the said sum at the rate of 11% per year from the 26th day of March, 2015, to the date of this order, together with costs to be assessed. 3) The defendant, 7308515 Canada Ltd., shall pay into Court to the credit of this cause within seven (7) days following the date of service of this Order, the total amount claimed, namely the sum of $288,099.75 with interest on the said sum at the rate of 11% per year from the 26th day of March, 2015, together with costs to be assessed. 4) Subject to paragraph 5, in default of payment into Court as required by paragraph 3, there will be foreclosure absolute, and, on application by the plaintiff: (a) the title of the mortgaged lands shall vest and remain in the plaintiff absolutely freed from all right, title and interest of the defendant; and (b) all persons claiming through or under the defendant in possession of the mortgaged lands, shall give up possession of those lands to the plaintiff within 21 days after service on them of a copy of the final order; 5) On payment of the arrears mentioned in paragraph I of $288,099.75 together with installments accruing due on the 26th day of March, 2015, and any interest that may have accrued on the arrears to the date of payment, plus costs to be assessed, the defendant, 7308515 Canada Ltd., shall be relieved from immediate payment of so much of the money secured by the mortgage as may not have become payable by lapse of time. 6) A copy of this order must be served on: (a) the defendant, 7308515 Canada Ltd., in accordance with the Substitutional Service Order of Mr. Justice Mills issued February 6, 2015; (b) the defendant, Richter Brzezinsky, in accordance with the Substitutional Service Order of Mr. Justice Mills issued February 6, 2015; (c) the defendant, Arturo Crecy, by ordinary mail; (d) the defendant, Felma Capus-Creo, by ordinary mail; (e) the defendant, CCBR Enterprises Inc-, by facsimile service on their solicitors, Rozdilsky Law Office; (f) the defendant, Saskatchewan Employment Standards Division, by facsimile service on their solicitor, Ministry of Justice, Civil Law, attention: Lee Anne Schienbein; (g) the defendant, Affinity Credit Union 2013, by facsimile service on their solicitors, Brooks Mack legal Professional Corporation; and (h) the defendant, Steinbach Credit Union Limited, by facsimile service on their solicitors, WMCA Lawyers. 7) The costs of an incidental to the application shall be costs in the cause. ISSUED at Saskatoon, Saskatchewan, this 8th day of May, 2015. NOTICE Take notice that, unless the order is consented to by the respondent or a person affected by the order or unless otherwise authorized by law, every order made without notice to the respondent or a person affected by the order may be set aside or varied on application to the Court. You should consult your lawyer as to your rights. CONTACT INFORMATION AND ADDRESS FOR SERVICE Name of firm: Olive Waller Zinkhan & Waller LLP Name of lawyer in charge of file: Gregory R. Irvine Address of legal firm: 1000 - 2002 Victoria Avenue Regina, SK S4P 0R7 Telephone number: 306-359-1888 Fax number: 306-352-0771 Email address: girvine@owzw.com
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