Montaque v. West

Landlord wins · Trent River · 2024-02-01

Adjudicator

S. J. Woodley

Dispute

Damage to Property, Trespass

Landlord

U.M.

Tenant

L.W.

Landlord rep

Delaram M. Jafari

What happened

Landlord applied for a declaration of trespass, an order requiring Tenant to leave the property, and damages exceeding $40,000. Landlord claims no landlord-tenant relationship existed, while Tenant claims to be a tenant under an alleged oral agreement. The property was listed for sale, and Tenant moved in without permission, interfering with the sale.

The ruling

The court ruled that Tenant is a trespasser and must vacate the property by February 3, 2024 at 4:00 pm. No landlord-tenant relationship existed, and the Residential Tenancies Act does not apply. Landlord is entitled to costs on a substantial indemnity basis. Determination of damages is adjourned to a future hearing.