Last updated: September 12, 2024
Ordered by Donna Adams,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
Agree with the ruling?
Citation: HOMESTEAD LAND HOLDINGS LIMITED v ST. VALLE, 2023 ONLTB 28852
File Number: LTB-L-079096-22-RV
Application Date
Sep 2022
Hearing Date
Mar 2023
Order Date
Oct 25, 2023
The Board granted the review, canceled the previous review order, and canceled the original ex parte eviction order. The Tenant was put back in possession of the unit on February 16, 2023 after being out for 8 days due to the Landlord's abuse of process.
Landlord engaged in abuse of process
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous order issued by the Board. The Board initiated a review of the matter to determine whether the Board made a serious error and whether the Landlord has engaged in an abuse of process.
Landlord's employee L. Faria filed the order with the Sheriff at the direction of her supervisor E. Smith, who attended the eviction with the Sheriff. Landlord claimed this was human error and not an intentional abuse of process.
Enforcing ex parte eviction order after it was superseded by review order
Abuse of process by enforcing ex parte order
Tenant received Sheriff notice of eviction on January 31, 2023, made final payment of $45.61 on January 31, 2023, and believed the eviction was cancelled. Tenant was evicted on February 9, 2023 despite no arrears.
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Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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