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Royal Bank of Canada (RBC) bungled its bid to initiate legal proceedings to realise its mortgage security on a couple s home by failing to comply with the Homeowners Protection Act.
Justice Ian Winder, in a December 7, 2020, ruling struck out its action against Lawson and Rhonda Hall after finding that the Canadian-owned lender had breached the Act s section 4 (1) by failing to serve them with the proceedings personally or by registered post.
The Supreme Court found there was no explanation or evidence to support RBC s decision to serve the couple via a general delivery post box when it knew they lived at the mortgaged property on Swordfish Drive in Stapledon Gardens. There was also no evidence provided by the bank to support that this was the Halls last postal address.