What is the test for obtaining an order for delivery of the possession of land to be enforced by a writ of possession?

Ontario, Canada


The following excerpt is from Munn v. Lainscek, 2012 ONSC 2009 (CanLII):

The owner of land is entitled to an order for delivery of the possession of land to be enforced by a writ of possession when the individuals against whom the order is made have no interest in the land and have received sufficient notice. Samad v. Samad, [2008] O.J. No. 2582 (O.S.C.) paras. 66 and 67.

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