Court Allows Eviction During COVID-19: Neumann v Anderson 2020
Court allows eviction of tenant during COVID-19 pandemic due to landlord's urgent need as frontline hospital worker
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Dundas Street, Brantford, ON
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Mar 2020
Hearing Date
May 2020
Order Date
May 19, 2020
Dispute Summary
The landlord applied to lift the suspension on evicting the tenant, which was imposed due to the COVID-19 pandemic. The Landlord and Tenant Board had previously ordered the tenant to vacate the unit by March 22, 2020 due to non-payment of rent. The landlord requires the unit for his own use as he has sold his current home.
Determinations
- Eviction moratorium applies broadly to all evictions
- Landlord bears burden to show urgent circumstances justifying eviction
- Tenant provided no evidence of impact from eviction
- Landlord showed need for unit as frontline workers with nowhere else to go
- Appropriate to allow eviction to proceed in these unique circumstances
Case Study
The court considered whether there were urgent and compelling circumstances to justify overriding the eviction moratorium. The landlord provided evidence of needing the unit for personal use, having nowhere else to go, and being frontline hospital workers. The tenant did not provide any evidence or attend the hearing. The court found it appropriate to allow the eviction to proceed given the unique circumstances.
Arguments and Actions
Landlord
Arguments
Landlord argued urgent need for unit as they have sold their home and have nowhere else to go, while working as frontline hospital staff during pandemic.
Actions
Landlord and spouse work in maintenance at Brantford General Hospital, routinely accessing patient spaces. They have isolated from family to avoid potential COVID-19 exposure.
Tenant
Actions
Tenant advised on March 31, 2020 that she had somewhere else to reside in April but was unable to move due to COVID-19.
Procedural Errors
Tenant did not file any responding materials or attend the hearing despite being served notice.
Decision Summary
The court ordered that the eviction of the tenant can proceed, overriding the COVID-19 eviction moratorium. The Sheriff is directed to expedite the eviction process and give vacant possession of the unit to the landlord on or after May 19, 2020.
Adjudicator Details
Superior Court of Justice
Total Orders
2
Landlord Favorable
50.0%
Tenant Favorable
50.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,350
Rent Deposit
$1,350
Source
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