Homestead Land Holdings Limited v St. Valle - LTB Overturns Eviction Order
LTB finds landlord abused process by enforcing eviction order after it was superseded, tenant put back in possession
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 221 Glenridge Avenue, St. Catharines, ON L2T3Y7
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Sep 2022
Hearing Date
Mar 2023
Order Date
Oct 25, 2023
Dispute Summary
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.
Determinations
- Board erred by failing to cancel previous ex parte eviction order
- Landlord engaged in abuse of Board's process by enforcing ex parte order
- Tenant was out of possession for 8 days due to Landlord's actions
Case Study
The Board found that it erred by failing to expressly cancel the previous ex parte eviction order in the review order, and that the Landlord engaged in an abuse of the Board's process by enforcing the ex parte order when it knew or ought to have known that it was no longer enforceable.
Arguments and Actions
Landlord
Actions
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.
Procedural Errors
Enforcing ex parte eviction order after it was superseded by review order
Aggravating Factors
Abuse of process by enforcing ex parte order
Tenant
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
Landlord engaged in abuse of process
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
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