What is the test for obtaining an order to evict a tenant of a commercial property from a commercial landlord?
Saskatchewan, Canada
The following excerpt is from McDougall v. 101048690 Saskatchewan Ltd., 2004 SKCA 11 (CanLII):
Despite Rilling v. Hort, Justice Matheson turned aside the appellants’ objection to the company’s application and granted the requested order pursuant to subsection 52(2) of the Act: 52(2) If the tenant appears the judge shall, in a summary manner, hear the parties and their witnesses, and examine into the matter, and if it appears to the judge that the tenant wrongfully holds against the right of the landlord and that the right to possession may properly be determined in a proceeding under this Part, he may order the issue of the writ.
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