Martin v. Macmillan

Tenant wins · Orillia · 2021-06-25

Adjudicator

D.L. Corbett J.

Dispute

Breach Of Court Order, Illegal Eviction

Landlord

D.M.

Tenant

A.M.

What happened

Tenant appealed LTB eviction order to Divisional Court and obtained a stay of eviction. Landlord illegally evicted Tenant despite the stay order, leading to contempt of court proceedings against Landlord.

The ruling

The court scheduled a hearing for the appeal and contempt proceedings against the Landlord for violating the stay order by illegally evicting the Tenant. The court directed the Tenant to seek an emergency hearing with the LTB if he wishes to be restored to the rental unit, as the LTB has exclusive jurisdiction if new tenants have taken occupancy.