The applicants, estate trustees for their deceased mother's estate, sought an order requiring their brother, the respondent, to vacate the deceased's home.
The respondent argued he was a tenant protected by the Residential Tenancies Act.
The court found no evidence of a landlord-tenant relationship and noted the deceased's will left the property to the applicants.
The court ordered the respondent to vacate the property and pay $20,000 in occupation rent, plus maintenance costs and costs of the application.