Harmony Capital Corp. v. Syblis
Split/Other wins · Hagersville · 2024-03-11
- Adjudicator
- M. Bordin
- Dispute
- Eviction, Validity Of Lease
- Amount
- >$20K
- Landlord
- A.S., V.S., T.A.S., M.D.Q.S.
- Tenant
- M.J., G.M.
What happened
The applicant, Harmony Capital Corp., sought an order to set aside an alleged tenancy or vary a tenancy agreement. The property owners (Syblis Respondents) had defaulted on their mortgage, which was held by the applicant. The applicant obtained a default judgment and order for possession. When attempting to evict, the respondents Mark James and Germaine Mathurin claimed to be tenants with a lease. The applicant argued that the lease was fabricated and invalid.
The ruling
The court declared the respondents Mark James and Germaine Mathurin as occupants rather than tenants. Any tenancy agreement between the Syblis Respondents and Mark James and Germaine Mathurin was declared invalid and set aside. The occupants were ordered to vacate the property within 30 days. The Sheriff was authorized to execute the Writ of Possession after 30 days, with police assistance if necessary.