The applicant, an estate trustee, sought vacant possession of a property forming part of the deceased's estate and costs against the respondent, a beneficiary who had been residing in the property and was impeding its sale and administration.
The court found the respondent was a boarder, not a tenant, and had no right to remain or obstruct the sale.
The court granted vacant possession and a writ of possession, and adjourned the issue of costs for further submissions, noting the respondent's uncooperative and damaging conduct.
