Can a conditional order (if the conditions are met) be acted upon and the landlord can not take possession of the premises?
Saskatchewan, Canada
The following excerpt is from Williams v Elite Property Management Ltd, 2012 SKQB 215 (CanLII):
By analogy, the appellant argued that a conditional order (if the conditions were met and arrears fully paid) could not be acted upon and the landlord could not take possession of the premises. This was the finding of Malone J. in Browne v. Boardwalk Equities (Sask.) Inc., 2011 SKQB 330, [2011] S.J. No. 546 (QL). Malone J. also found a landlord could not rely upon arrears which did not exist at the time of the hearing. Further, he found that where arrears were paid after an order for possession was granted, it would be fair to remit the matter back to the original hearing officer for further consideration.
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