Background:
The Estate of Robert Fredrick Walkington applied for possession of property leased to 102087390 Saskatchewan Ltd. The lease, dated October 28, 2019, expired on December 1, 2023. The lease included an option to purchase, requiring written notice in December 2023. The tenant failed to provide notice at the specified address. The Estate regarded the tenant as overholding and filed for possession.

Legal Issues:

1. Whether the tenant complied with the lease’s option-to-purchase requirements.
2. Whether the Estate was entitled to possession under The Landlord and Tenant Act.
3. Procedural compliance regarding proof of no orders from the Provincial Mediation Board under Section 52(3).

Court’s Analysis:
The court found no evidence that the Provincial Mediation Board had issued or refrained from issuing an order, precluding the application from proceeding. The tenant argued economic harm if ordered to vacate, and the Estate’s harm from delay was deemed less significant. The tenant had also filed a separate claim seeking specific performance of the purchase option.

Outcome:
The application for possession was adjourned sine die. The Estate was permitted to reapply with proper evidence. Costs were reserved for the merits hearing.

Costs/Awards:
No costs or awards were granted at this stage.