Power-of-Sale and Bad Faith N12

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Date Retrieved:	2025-03-15
CLNP Page ID:	2486
Page Categories:	[Personal Use Application (LTB)]
Citation:	Power-of-Sale and Bad Faith N12, CLNP 2486, <>, retrieved on 2025-03-15
Editor:	Sharvey
Last Updated:	2025/03/14

Mortgages Act, R.S.O. 1990, c. M.40

54 (1) If the purchaser does not within 180 days of the date of termination occupy the premises for his or her own use for a reasonable period, the tenant who was served notice under section 53 may bring an application to the Superior Court of Justice for an order directing that the tenant has the right to occupy the premises on the same terms that existed immediately before the date of termination. 1991, c. 6, s. 4; 2000, c. 26, Sched. B, s. 14 (5).

Limitation

(2) An application by the tenant must be brought within 210 days after the date of termination set out in the notice of termination. 1991, c. 6, s. 4.

Tenant’s right to recovery

(3) If the tenant makes an application or is entitled to make an application, and the premises are occupied by another tenant, the original tenant may bring an action against the purchaser to recover any costs and damages incurred as the result of the tenant having to vacate the premises. 1991, c. 6, s. 4.