Background:
The Village of Paynton initiated tax enforcement proceedings against Bernice Cramer after obtaining title to her property, located at 109 - 1st Avenue West, Paynton, Saskatchewan, due to unpaid taxes. Despite gaining title in December 2021, the Village delayed possession efforts until June 2022, ultimately making three separate without-notice applications for default judgment.

Legal Issues and Arguments:

• The primary issue was whether the Village followed proper procedures to obtain possession of the property. The Court questioned if the Village should have proceeded under The Residential Tenancies Act, 2006 instead of relying solely on The Tax Enforcement Act.

• Justice Hildebrandt previously sought submissions on jurisdiction under The Tax Enforcement Act (s.36), but the Village’s counsel failed to provide them and re-filed identical applications.

• The Court found procedural errors in affidavits and inconsistencies in legal claims, including assertions of $17,600 in unpaid rent without evidence of a lease.

Court Decision and Directions

Justice Danyliuk dismissed the third application and directed the matter to proceed via a Notice of Application with proper personal service, supporting evidence, and a brief of law. The judge highlighted that no possession order could be granted without addressing procedural gaps and jurisdictional questions.

Outcome and Costs

There was no award in favor of the Village as the application was not granted. The Court did not specify costs but emphasized that the Village must rectify procedural deficiencies before proceeding.