Holukoff v. Fenby

Landlord wins · Kitchener · 2020-07-20

Adjudicator

Favreau J.

Dispute

Personal Use

Amount

$5-10K

Landlord

C.F.

Tenant

R.M.H., K.H.

Landlord rep

Tyler Nivins

What happened

The Landlord applied to the Landlord and Tenant Board for an order to evict the Tenants so he could move into the unit for his own use due to health issues. The Board granted the eviction order. The Tenants appealed to the Divisional Court but failed to perfect their appeal or pay rent as ordered. The Landlord now seeks to enforce the eviction during the COVID-19 eviction moratorium.

The ruling

The court grants the Landlord's motion to enforce the eviction order despite the general suspension of evictions during the COVID-19 pandemic. The Sheriff is directed to evict the Tenants and give vacant possession to the Landlord on or after August 3, 2020. The Tenants must pay $7,560 in outstanding rent and $10,000 in costs to the Landlord.