The applicant, a mortgagee, sought judgment against the mortgagor for default and vacant possession of the mortgaged property.
While the mortgagor did not oppose the judgment and had vacated, a second respondent, Thomas Mullen, opposed the vacant possession order, asserting he was a residential tenant of a portion of the property under a "lease with option to purchase" agreement.
The court found that the agreement constituted a lease, as the condition for purchase (severance of the lot) was never met.
The court further determined that Mullen's occupation of the property, including a trailer and a Quonset hut used as a permanent residence for most of the year, qualified as a "residential complex" and "rental unit" under the Residential Tenancies Act.
Consequently, the applicant, as a mortgagee in possession, was deemed a landlord and was required to seek possession through the Landlord and Tenant Board, not the Superior Court.
The court granted judgment against the mortgagor for the outstanding debt but dismissed the application for vacant possession against Mullen due to lack of jurisdiction.
