Landlord who Flouted the Law Eventually Succeeds in Evicting Tenant

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Landlord who Flouted the Law Eventually Succeeds in Evicting Tenant.  In this interesting case, the Landlord charted down a very dangerous path.  After obtaining an eviction order from the Landlord and Tenant Board (“LTB”), the Landlord attempted to evict the Tenant during a time when it was unlawful to do so because of a Stay Order granted by the Divisional Court when the tenant appealed the decision of the LTB.  Luckily for the Landlord, he purged his contempt of the court order by paying the Tenant $4,000.00 towards costs incurred, and he let the tenant back into the leased premises.  Once the contempt was purged, the Divisional Court then turned to the Tenant’s appeal, and found that it was without merit, thereby restoring the eviction order made the LTB, giving the Landlord the right to evict the tenant.

MacMillan v. Martin, 2022 ONSC 357

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc357/2022onsc357.html

By David M. Jose

Full time Mediator servicing the Province of Ontario.