RESIDENTIAL TENANCIES - Landlord’s remedies - Termination by landlord - Eviction order

Law360 Canada (February 2, 2023, 6:35 AM EST) -- Appeal by the Tenant of the decision of the Landlord and Tenant Board (Board) finding that because he was lawfully evicted, and the unit had been reoccupied by the Landlord’s son, the Board did not have jurisdiction to order his return to the rental unit. The Tenant lived in a basement apartment within the Landlord’s house from 1998 until his eviction in 2020. In 2019, the Landlord filed a Notice of Termination before the Board on the basis that her adult disabled son needed to live in the basement unit. The Board held a hearing. The Tenant was not present and did not participate. The Board granted the Landlord’s request and issued an order terminating the tenancy. The Tenant was evicted. The Tenant sought a review of the Board’s order terminating his tenancy and authorizing his eviction. The day after the eviction, the Board issued an interim order staying the Board’s eviction order, and prohibiting the Landlord from re-renting the unit, using the unit, or disposing of the Tenant’s belongings. The Landlord never sought to vacate or vary the Board’s interim stay order. In 2022, the Board concluded that the Tenant had been lawfully evicted. The Tenant appealed to the Divisional Court and sought interim relief....
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