Sousa v DMS Property Management

Landlord wins · North York · 2025-09-19

Adjudicator

Mark Melchers

Dispute

Substantial Interference, Tenant Rights

Landlord

DMS Property Management

Tenant

C.S., M.L.

Landlord rep

Mark Ciobotaru

What happened

The Tenants filed a T2 application claiming the Landlord altered the locks and substantially interfered with their enjoyment of the unit. The Tenants alleged they were evicted by the Sheriff on September 4, 2024, despite having paid their rent in full and not receiving notice of a hearing. The Landlord maintained that the eviction was carried out via a lawful order for persistent late payment of rent. The Board determined that the Tenants' application was an impermissible collateral attack on a previous eviction order.

The ruling

The Tenants' application was dismissed. The Board ruled that a T2 application cannot be used to challenge an eviction carried out by the Sheriff pursuant to an LTB order. Any challenge to the original eviction order must be made through a request for review or an appeal of that specific order, rather than a new application for tenant rights.