The appellant, a mortgagee in possession, sought to terminate a fixed-term residential lease on 60 days' notice pursuant to section 53(4) of the Mortgages Act.
The Court of Appeal dismissed the appeal, upholding the Divisional Court's finding that section 51(2) of the Tenant Protection Act, which requires termination at the end of the fixed term, is paramount due to the primacy clause in section 2(4) of the Tenant Protection Act.
