The respondent bank sought a writ of possession for mortgaged residential premises.
The application judge granted the writ, finding the appellants were occupants and the appellant wife was the beneficial owner.
On appeal, the Court of Appeal set aside the order, finding the bank's application was deficient because it failed to join the named mortgagor as a party and lacked the necessary documentary evidence to establish its right to possession.
The appeal was allowed and the order set aside without prejudice to the bank's right to pursue further remedies.
