Background of the Case:

• Harmony Capital Corp. (Applicant) vs. Ann-Marie Syblis, Veronica Syblis, Tereame Amaree Syblis, Marquis da Quan Syblis, Mark James, and Germaine Mathurin (Respondents).
• The Syblis Respondents purchased a property at 137 David Street, Hagersville, Ontario, on December 10, 2021, and mortgaged it. The mortgage was transferred to the applicant.

Facts of the Case:

• Mortgage went into default. Despite notices and legal proceedings, the Syblis Respondents did not vacate the property.
• A dubious lease document was produced by an occupant, claiming tenancy rights, which the court found to be fabricated and not in compliance with legal requirements.

Issues/Main Discussion:

• The court had to determine the validity of the claimed tenancy and whether the Syblis Respondents violated their mortgage agreement by entering into a lease without the applicant's consent.
• Whether to set aside the alleged tenancy or vary it in favor of the mortgagee due to the mortgage default.

Ruling:

• The court found the tenancy claim to be invalid and in violation of the mortgage agreement.
• Ordered the occupants, identified not as tenants but as occupants, to vacate the property within 30 days.
• Declared any tenancy agreement between the Syblis Respondents and other occupants invalid and set aside pursuant to Section 52 of the Mortgages Act.
• Authorized the Sheriff of Haldimand County to enforce a Writ of Possession after 30 days from the order, with police assistance if necessary.

Amount Awarded:

• The court awarded legal fees and disbursements to the applicant in the amount of $13,000, payable forthwith by the Syblis Respondents.