Reyes v. Esbin

Landlord wins · Toronto · 2016-12-15

Adjudicator

M.D. Faieta J.

Dispute

Damage to Property, Tenant Rights

Landlord

Esbin Property Management

Tenant

A.R., M.Y.

Landlord rep

Timothy M. Duggan

What happened

Tenants filed a claim against the landlord and other defendants for alleged wrongful detention and disposal of their personal property after eviction, as well as allegations of false affidavits. The landlord sought summary judgment to dismiss the action.

The ruling

The court granted summary judgment in favor of the landlord and dismissed the tenants' action. The court found that the landlord's actions in disposing of the tenants' property were protected under s. 41(4) of the Residential Tenancies Act, and there was no evidence to support the tenants' claims of conversion or false affidavits.