Eagle Capital Corporation v Minas

Tenant wins · Toronto · 2022-01-24

Adjudicator

E. Patrick Shea

Dispute

Illegal Lockout, Substantial Interference

Landlord

J.M., V.M.

Tenant

Eagle Capital Corporation, K.E.A.

Landlord rep

Symon Zucker, James McReynolds

Tenant rep

David Strashin, Benjamin Salsberg

What happened

Landlords changed locks and evicted Tenants without an order, claiming the Residential Tenancies Act no longer applied as Tenants had relocated to Dubai. Tenants sought to regain possession, arguing their relocation was temporary due to COVID-19. The Board had to determine if the Act still applied and if Tenants should be allowed to recover possession.

The ruling

The Board ruled that the Residential Tenancies Act still applies to the rental unit, despite the Tenants' temporary relocation to Dubai. The Landlords' actions in changing the locks and evicting the Tenants without a Board order were found to be illegal. The Board ordered the Landlords to immediately allow the Tenants to recover possession of the rental unit, provide keys, and any necessary access codes. The Board retained jurisdiction to consider costs.