WIDMER et al. V SCOTT et al.
Court of King’s Bench File No. CI18-11-00476 & CI23-01-42312

FARMLAND AND OTHER REAL PROPERTY FOR SALE BY TENDER

TAKE NOTICE that the Manitoba Court of King’s Bench has ordered the sale of lands of sufficient value described below by written tender to satisfy Certificate of Judgment 1272190/4 for all amounts owing pursuant to Court File No. CI18-11-00476 and CI23-01-42312. All acreage indicated is approximate size according to a Province of Manitoba Property Assessment Report.

Status of Title No. 2119883/4 (Sizes vary by lot)

PARCEL I:
LOT 24 BLOCK 1;
LOTS 1 TO 7, LOTS 18, 19, AND LOTS 21 TO 24 BLOCK 2;
LOTS 7 TO 15 BLOCK 3; AND
LOTS 2 TO 8 BLOCK 4
PLAN 142 MLTO IN SW ¼ 4-1-8 WPM

PARCEL II:
LOTS 1 TO 13, AND LOTS 15 TO 23 BLOCK 1;
LOTS 8 TO 11, AND LOTS 13 AND 14 BLOCK 2;
LOTS 4, 5, 6 AND LOT 16 BLOCK 3; AND
LOT 1 BLOCK 4
PLAN 142 MLTO IN SW ¼ 4-1-8 WPM
EXCEPTING – ALL MINES AND MINERALS VESTED IN THE CROWN (MANITOBA) BY THE REAL PROPERTY ACT

PARCEL III:
ALL THAT PORTION OF BLOCK E PLAN 142 MLTO IN SW ¼ 4-1-8 WPM DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE PRODUCTION SLY IN A STRAIGHT LINE OF THE ELY LIMIT OF COTTON STREET, WHICH POINT IS DISTANT NLY 172 FEET FROM THE SLY LIMIT OF SAID BLOCK E; THENCE SLY IN A STRAIGHT LINE TO THE SLY LIMIT OF BLOCK E; THENCE ELY ALONG SAID SLY LIMIT 350 FEET; THENCE NLY IN A STRAIGHT LINE AND PARALLEL WITH THE WLY LIMIT, 326 FEET; THENCE SOUTH WLY IN A STRAIGHT LINE TO THE POINT OF COMENCEMENT
EXCEPTING - ALL MINES AND MINERALS VESTED IN THE CROWN (MANITOBA) BY THE REAL PROPERTY ACT

PARCEL IV:
LOT 12 BLOCK 2 PLAN 142 MLTO
IN SW ¼ 4-1-8 WPM
EXCEPTING - ALL MINES AND MINERALS AS SET FORTH IN TRANSFER 43189 MLTO

PARCEL V:
LOT 20 BLOCK 2 PLAN 142 MLTO
IN SW ¼ 4-1-8 WPM
EXCEPTING - ALL MINES AND MINERALS AS SET FORTH IN TRANSFER 48315 MLTO;

Status of Title No. 2182590/4 (75 feet)

LOTS 11, 12, AND 13 BLOCK 4 PLAN 4 PLAN 59 (RL DIV)
IN NE ¼ 24-2-12 WPM;

Status of Title No. 2560904/4 (0.13 acres)

ALL THAT PORTION OF BLOCK “E” PLAN 142 MLTO REQUIRED FOR THE RIGHT-OF-WAY OF A SPUR LINE OF THE CANADIAN PACIFIC RAILWAY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH EAST ANGLE OF BLOCK “E”; THENCE WLY ALONG THE NORTHERN BOUNDARY OF THE SAID BLOCK “E” 269.7 FEET; THENCE SOUTH ELY ON A CURVE TO THE RIGHT OF 715 FEET RADIUS TO WHICH THE LAST DESCRIBED COURSE IS A TANGENT, 93.5 FEET; THENCE SOUTH ELY ON A CURVE OF 478.3 FEET RADIUS COMPOUNDED WITH THE LAST DESCRIBED CURVE TO THE EASTERN BOUNDARY OF THE SAID BLOCK; THENCE NLY ALONG THE EASTERN BOUNDARY OF THE SAID BLOCK TO THE PLACE OF BEGINNING EXC ALL MINES AND MINERALS AS RESERVED IN TRANSFER 110361 MLTO IN SW ¼ 4-1-8 WPM;

Status of Title No. 2589819/4 (13.25 acres)

BLOCK “E” PLAN 142 MLTO IN SW ¼ 4-1-8 WPM
EXCEPTING:
FIRSTLY – RAILWAY RIGHT-OF-WAY PLAN 205 MLTO
SECONDLY – ALL THAT PORTION LYING AND BEING TO THE WEST OF THE PRODUCTION SLY OF THE ELY LIMIT OF COTTON STREET AS SHOWN ON SAID PLAN 142 MLTO;
THIRDLY – ALL THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF SAID PRODUCTION WITH THE SLY LIMIT OF SAID BLOCK “E”; THENCE ELY AND ALONG THE SLY LIMIT 350 FEET; THENCE NLY AND PARALLEL WITH SAID PRODUCTION 326 FEET; THENCE SOUTH WLY IN A STRAIGHT LINE TO A POINT IN THE SAID PRODUCTION DISTANT NLY THEREON, 172 FEET FROM SAID SLY LIMIT; THENCE SLY AND ALONG SAID PRODUCTION TO THE POINT OF COMMENCEMENT
FOURTHLY – ALL MINES AND MINERALS VESTED IN THE CROWN (MANITOBA) BY THE REAL PROPERTY ACT;

Status of Title No. 2589820/4 (1 acre)

ALL THAT PORTION OF BLOCK E PLAN 142 MLTO
IN SW ¼ 4-1-8 WPM WHICH LIES WEST OF THE
PRODUCTION SLY OF THE ELY LIMIT OF COTTON STREET AS SHOWN IN SAID PLAN
EXCEPTING – ALL MINES AND MINERALS VESTED IN THE CROWN (MANITOBA) BY THE REAL PROPERTY ACT;

Status of Title No. 2726654/4 (80 acres)

W ½ 4-1-8 WPM
EXCEPTING – OUT OF SW ¼ - THE SLY 1320 FEET;

Status of Title No. 2726664/4 (28 acres)

BLOCKS B, C AND F PLAN 142 MLTO
EXC OUT OF BLOCKS B AND C: ALL MINES AND MINERALS
AS SET FORTH IN TRANSFER 42079 MLTO
IN SW ¼ 4-1-8 WPM;

Status of Title No. 2726666/4 (2 acres)

ALL THAT PORTION OF THE SE ¼ OF SECTION 4-1-8 WPM WHICH LIES SOUTH AND WEST OF ALL THAT PORTION TAKEN FOR THE SPUR LINE OF THE CANADIAN PACIFIC RAILWAY PLAN 205 MLTO
EXC ALL MINES AND MINERALS VESTED IN THE CROWN (MANITOBA) BY THE REAL PROPERTY ACT;

Status of Title No. 2726668/4 (80 acres)

THE W ½ OF SW ¼ 17-1-8 WPM;

Status of Title No. 2726670/4 (320 acres total)

W ½ 9-1-8 WPM;

Status of Title No. 2726672/4 (80 acres)

THE E ½ OF SW ¼ 17-1-8 WPM;

Status of Title No. 2726673/4 (160 acres)

THE SW ¼ OF SECTION 5-1-8 WPM;
EXC ALL THAT PORTION TAKEN FOR THE RIGHT-OF-WAY OF THE MANITOBA SOUTH WESTERN COLONIZATION RAILWAY PLAN 143 MLTO;

Status of Title No. 2748017/4 (160 acres)

ALL THAT PORTION OF THE SW ¼ OF SECTION 5-1-8 WPM TAKEN FOR THE RIGHT-OF-WAY OF THE MANITOBA SOUTH WESTERN COLONIZATION RAILWAY
PLAN 143 MLTO
EXC ALL MINES AND MINERALS AS SET FORTH IN DEED 140260/4 MLTO;

Status of Title No. 2748021/4 (160 acres)

THE NE ¼ OF SECTION 17-1-8 WPM
EXC ALL MINES AND MINERALS AS SET FORTH IN THE GRANT FROM THE CROWN;

Status of Title No. 2748048/4 (80 acres)

THE E ½ OF THE SE ¼ OF SECTION 18-1-8 WPM;

Status of Title No. 2748067/4 (2 acres)

ALL THAT PORTION OF THE SE ¼ OF SECTION 5-1-8 WPM DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST ANGLE OF SAID QUARTER SECTION; THENCE NLY ALONG THE EASTERN LIMIT THEREOF 609 FEET; THENCE WLY PARALLEL WITH THE SOUTHERN LIMIT THEREOF 142.5 FEET; THENCE SLY AND PARALLEL WITH THE EASTERN LIMIT TO THE SOUTHERN LIMIT OF SAID QUARTER SECTION; THENCE ELY ALONG THE SAID SOUTHERN LIMIT TO THE POINT OF COMMENCEMENT;

Status of Title No. 2762923/4 (160 acres)

THE NE ¼ OF SECTION 6-1-8 WPM;

Status of Title No. 2847224/4 (160.80 feet)

LOTS 15, 16 AND 17 BLOCK 2 PLAN 142 MLTO;
EXCEPTING – ALL MINES AND MINERALS VESTED IN THE CROWN (MANITOBA) BY THE REAL PROPERTY ACT
IN SW ¼ 4-1-8 WPM;

Status of Title No. 2847225/4 (13.90 acres)

ALL THAT PORTION OF THE SW ¼ 4-1-8 WPM TAKEN FOR THE RIGHT-OF-WAY AND STATION GROUNDS OF THE CANADIAN PACIFIC RAILWAY PLAN 142 MLTO EXC FIRSTLY: ALL THAT PORTION OF SAID STATION GROUNDS WHICH LIES BETWEEN TWO LINES DRAWN PERP TO THE CENTRE LINE OF SAID RAILWAY ON SAID PLAN, THROUGH POINTS THEREIN DISTANT ELY THEREON 1100 FEET AND 1650 FEET RESPECTIVELY FROM THE WESTERN BOUNDARY OF SAID QUARTER SECTION

AND SECONDLY: ALL MINES AND MINERALS AS SET FORTH IN TRANSFERS 110361 MLTO AND 42079 MLTO;

Status of Title No. 2847226/4 (4.92 acres)

BLOCK “D” PLAN 142 MLTO
EXC ALL MINES AND MINERALS AS RESERVED IN TRANSFER 43190 MLTO
IN SW ¼ 4-1-8 WPM;

(collectively referred to as the “Lands”)
Tenders will be received on any one or combination of the titles making up the Lands.
TERMS AND CONDITIONS OF TENDER AND SALE
1. No party shall advance a bidding amount less than the most recent assessed taxable value of the title in question.
2. No party shall be allowed to retract a bid.
3. The highest or any tender will not necessarily be accepted.
4. Each tender must be accompanied by a certified cheque in an amount equal to 10% of the proposed purchase price, payable to Thompson Dorfman Sweatman LLP, IN TRUST for the Applicants of Court of King’s Bench File CI23-01-42312. Deposits accompanying unaccepted bids will be refunded.
5. The purchaser shall, at the time of sale, pay the balance of the purchase price on completion of the sale. On payment of the balance, the purchaser shall be entitled to receive and take possession of any of the Lands purchased.
6. Interested parties must rely on their own inspection and knowledge of the Lands, its true condition, possible liabilities, and the title thereto and not on the above or any other particulars or representations made by or on behalf of any other party.
7. Any purchase and sale is subject to approval of an Associate Judge of the Court of King’s Bench pursuant to a Report and Order on Sale. If required, the purchaser shall have the transfer(s) prepared at the purchaser’s own expense and tender it to the party having carriage of the sale for execution.
8. If possession of the Lands is wrongfully withheld from the purchaser following the transfer of title to the Lands, or any combination of them, the purchaser shall be entitled to apply to a court of competent jurisdiction for an order of possession, or similar order, and shall do so at its own expense. For greater certainty, the judgment creditor pursuant to Certificate of Judgment 1272190/4 and their solicitors shall bear no cost or responsibility for providing vacant possession to the purchaser of the Lands on the date of possession.
9. Where the purchaser fails to comply with any of these conditions, the deposit and all other payments made shall be forfeited to the applicants and the Lands may be resold. Any deficiency on the resale, together with all expenses incurred on the resale or caused by the default, shall be paid by the defaulting purchaser.
10. The successful purchaser, if any, will within seven (7) days of being advised that he or she is the successful bidder, sign a standard Thompson Dorfman Sweatman LLP agreement of purchase and sale for the property which will include the terms and condition of the sale.
11. Successful bidders will be responsible for real property taxes commencing March 14, 2024, or as otherwise directed by the Court.
12. Possession date will be 9:00 a.m. on March 14, 2025, or as otherwise directed by the Court.
13. Tenders are binding upon acceptance and should not be subject to any conditions precedent.
14. The Lands or any portion of them thereof will be sold “as is” and the purchaser is solely responsible to determine the value and condition of said Lands, it’s quality, environmental condition, and any other information pertaining to the Lands.
15. Tenders must be received on or before 4:00 p.m. on February 28, 2025, or as otherwise directed by the Court.
Please send sealed Tenders to purchase any of the Lands to:
Antoine F. Hacault / Andrew D. Warkentin
Thompson Dorfman Sweatman LLP
1700 – 242 Hargrave Street, Winnipeg, MB R3C 0V1
Email: afh@tdslaw.com / adw@tdslaw.com
Fax: 204-934-0530