When will a plaintiff be physically expelled from a colony?

Manitoba, Canada


The following excerpt is from Lakeside Colony of Hutterian Brethren v. Hofer, 1991 CanLII 8186 (MB CA):

In the present case, the defendants have advanced no claim to a share of the assets of the colony. But they have asserted the right to remain in possession. As in Hofer v. Hofer, it is my view that when membership is validly terminated the defendants lose the right to remain residents of the colony. I do not think it is necessary to consider all potential property claims which might be asserted in order to conclude that by loss of membership the defendants have lost the right to remain in possession. The colony is entitled to call for their physical expulsion.

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