Commercial Tenancies Forms Regulations

The prescribed form of the writ of possession referred to in subsections 37(1) and (2) of the Commercial Tenancies Act is set out in Form 1 of the Schedule.

The prescribed form of the summons referred to in subsection 41(3) of the Commercial Tenancies Act is set out in Form 2 of the Schedule.

The prescribed form for an order for delivery of possession referred to in subsection 41(5) of the Commercial Tenancies Act is set out in Form 3 of the Schedule.

SCHEDULE

FORM 1 (Section 1)

WRIT OF POSSESSION

Canada, Elizabeth the Second, by the Grace of God of the United Kingdom, To wit: Canada and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith.

To the sheriff (or bailiff) of ......................................................., Greeting. Whereas ..............................................................., Judge of the Supreme Court of the Northwest Territories, by order dated .......................................... and made under the Commercial Tenancies Act on the complaint of ............................ against ........................................, adjudged that .................................. is entitled to the possession of .......................................... with the appurtenances, in your bailiwick, and ordered that a writ should be issued accordingly, and also ordered and directed that ................................................. should pay the costs of the proceedings under the Commercial Tenancies Act in the amount of $ .............................................

Therefore, we command you that, without delay, you cause .............................................. to have possession of the lands with the appurtenances; and we also command you that of the goods and chattels of ...................................................................., in your bailiwick, you cause to be made the sum of $........................, being the costs ordered by our Judge and have that money before our Judge immediately after the execution of this writ, to be rendered to ............................................................

And in what manner you shall have executed this writ, make appear to our Judge immediately after the execution of this writ; and have there then this writ.

Dated at ........................... on .......................................

.............................................................. Clerk of the Supreme Court

FORM 2 (Section 2)

IN THE MATTER OF ..........................., landlord, and ....................................., tenant;

AND IN THE MATTER OF the Commercial Tenancies Act.

SUMMONS FOR EVICTION

To the tenant: You are hereby summoned to appear before a judge of the Supreme Court, presiding in chambers at ........................................... in the Northwest Territories, on ......................................................, at ............................................. (a.m. or p.m), to show cause why an order should not be made for delivering up possession to ................................................., landlord, of the premises mentioned in the landlord's demand, that is to say .....................................................................; and further, to show cause why an order should not at the same time be made for payment by you of the rent alleged to be in arrears for the premises to the landlord, to be made or levied by distress or otherwise, and also of the costs of these proceedings.

In default of you so appearing, the landlord may proceed to obtain such order against you as the Judge may consider proper to grant.

Issued at ............................................... on ....................................

.................................................. (Seal of the Court) Clerk of the Supreme Court

R-014-93,s.2.

FORM 3 (Section 3)

IN THE MATTER OF .................................., landlord, and ......................................, tenant;

AND IN THE MATTER OF the Commercial Tenancies Act;

ORDER FOR POSSESSION

Upon reading the written demand in this case, the affidavit of service of the written demand, the affidavit of proof of the terms of the lease or occupancy, the Summons issued in this matter and the affidavit of service of the Summons on the tenant, and no cause being shown by the tenant on the return of the Summons (or, and the tenant appearing but failing to disprove the allegations of the landlord, as the case may be),

1. I order that the tenant, on the production to him or her of this order, immediately deliver up possession of the premises in question, namely .........................................., to the landlord, or the landlord's proper agent or attorney, of whose authority the possession of this warrant shall be sufficient proof.

2. In case of refusal by the tenant to so deliver up possession, or of the tenant being absent or the premises vacant, I do hereby, in accordance with the provisions of the Acts in that behalf, authorize ......................................, with such assistance as he or she may require, immediately to proceed to eject and remove the tenant, together with the tenant's goods and chattels, if any, from and out of the premises and, whether the tenant is found in possession or the premises are vacant, put the landlord in possession of the premises, that the landlord take and hold possession of the premises free from the lease or occupancy.

3. I further order that the tenant, ................................, pay the rent in arrears for the premises, amounting to the sum of $................................. together with the costs of the levy therefor, and of all necessary proceedings in respect thereof, subject to the provisions of the Commercial Tenancies Act.

4. I further award the sum of $........................... to the landlord, as the landlord's costs of this proceeding, to be paid by the tenant or, in default of payment, to be proceeded for and recovered as allowed by law.

Dated at................................................on ...........................

.............................................................. Judge of the Supreme Court