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Morguard Investments Ltd. v. De Savoye

[1990] 3 S.C.R. 1077 (1990)

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Morguard Investments Ltd. v. De Savoye

Canada Supreme Court
[1990] 3 S.C.R. 1077 (1990)

Facts

Douglas De Savoye (defendant) previously resided in the Canadian province of Alberta and was the mortgagor of property located in Alberta. After De Savoye moved to British Columbia, another Canadian province, the mortgages went into default. The mortgagees of the property, Morguard Investments Limited (Morguard) (plaintiff) and Credit Foncier Trust Company (CFTC) (plaintiff), commenced foreclosure actions in Alberta. No dispute existed that the Alberta court had jurisdiction over the foreclosure actions. The Alberta court directed, and Morguard and CFTC properly effectuated, service of process on De Savoye in British Columbia. De Savoye failed to appear in the Alberta foreclosure actions. The Alberta court issued judgments against De Savoye. Morguard and CFTC commenced judgment-enforcement actions against De Savoye in British Columbia. The British Columbia ruled in favor of Morguard and CFTC. De Savoye appealed.

Rule of Law

Issue

Holding and Reasoning (La Forest, J.)

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