VWR Capital Corp. v. Dookie

Tenant wins · 2023-01-13

Adjudicator

Price J.

Dispute

Mortgage Default, Writ Of Possession

Landlord

VWR Capital Corp.

Tenant

R.D.

Landlord rep

Matthew Wise

What happened

The plaintiff (VWR Capital Corp.) moved without notice to the defendant (Radha Dookie) to issue a writ of possession for a property subject to a mortgage granted by the defendant to the plaintiff in 2021. The defendant defaulted on the mortgage, and the plaintiff obtained a default judgment on December 1, 2022. The court must determine if the property is tenanted before granting the writ of possession.

The ruling

The motion for a writ of possession is dismissed without prejudice. The plaintiff may renew the motion with further and better evidence to establish that the property is not tenanted and that proper notice has been given to all occupants.