Supreme Court Rules 2000

In a proceeding for the recovery of land, other than one to which subrule (3) applies, no other cause of action may be joined without the leave of the Court or a judge.

Subrule (1) does not apply to a claim – in respect of mesne profits, arrears of rent or double value in respect of the land; or for damages for breach of a contract under which the land is held; or for a wrongful act occasioning injury to the land.

An applicant for foreclosure or redemption may claim and obtain an order against the respondent for delivery of possession of the mortgaged property to the applicant on or after the order absolute for foreclosure or redemption.

If an applicant for redemption of a mortgage fails to redeem and because of that failure the mortgage is foreclosed, the Court or a judge, on an application made in the redemption application by the respondent in whose favour the foreclosure has taken place, may make an order for delivery of possession of the mortgaged property to the respondent.