MCAP Service Corporation v. Thyssen

Landlord wins · Ilderton · 2023-07-30

Adjudicator

Justice I.F. Leach

Dispute

Mortgage Foreclosure

Landlord

M.S.C.

Tenant

J.T.

Landlord rep

Eva Lake

What happened

The plaintiff, MCAP Service Corporation, brought an ex parte motion for an order granting leave to issue a writ of possession for the mortgaged property. The defendant, Jeffrey Thyssen, had been noted in default and a judgment was previously made in favor of the plaintiff requiring the defendant to deliver possession of the land.

The ruling

The court granted the plaintiff leave to issue a writ of possession for the mortgaged property. However, the writ expressly directs the Sheriff of Middlesex County not to interfere with the possession of any tenant in actual possession of the property without further court order, to ensure compliance with the Residential Tenancies Act, 2006.