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Application for vacant possession converted to an action due to material factual and credibility disputes.
The applicant, 2248169 Ontario Inc., sought orders for vacant possession and related relief regarding two properties occupied by the respondents.
The respondents claimed rights of occupancy under long-standing leases or assignments.
The court found that there were material factual disputes, including the existence and enforceability of the leases and whether the applicant had notice or was willfully blind to their existence.
The court held that these issues required viva voce evidence and could not be determined on the application record, and therefore ordered that the application be converted to an action.
