Billion v. Vaillancourt

Tenant wins · 2016-09-16

Adjudicator

A. Molloy

Dispute

Damage to Property, Illegal Act

Amount

>$20K

Landlord

E.V.

Tenant

A.A.B.

Landlord rep

B. Carmichael

Tenant rep

I. Greenway

What happened

The landlord appealed an LTB decision ordering him to pay $25,000 to the tenant as compensation for disposing of the tenant's property after eviction. The tenant was incarcerated and his parents attempted to pay rent, but the landlord refused communication and payments. The landlord proceeded with eviction without notifying the tenant's parents, who were co-signers on the lease.

The ruling

The Divisional Court dismissed the landlord's appeal, upholding the LTB's decision to award $25,000 to the tenant as compensation for disposed property. The court found the LTB's decision reasonable, agreeing that the landlord's actions constituted an abuse of process and that he had an obligation to notify the tenant's parents before disposing of the property.