What Is the Difference Between an Order Nisi and a Judicial Sale in a BC Foreclosure?

This answer covers the law of British Columbia.

An order nisi gives the owner a court-set period to pay what is owed before foreclosure becomes final, while an order for conduct of sale has the property sold instead. In BC, a foreclosure starts by petition in the Supreme Court under Rule 21-7. People whose interest would be extinguished must be made respondents, and they may file a response to petition.

With an order nisi, the court may set a redemption period, take an account of the amount owing and daily interest, decide priorities, order a sale and grant further relief. If the respondent does not pay within that period, the petitioner may apply for a final order of foreclosure. For mortgages the court sets the period, and six months is commonly applied in practice.

A party of record may apply at any time for an order that the property be sold rather than foreclosed. The Law and Equity Act also lets the court direct a sale on terms it considers just. The court may also relieve against penalties and forfeitures and attach conditions. Which path fits depends on your facts, so it is worth confirming with a lawyer.