Executive Properties Inc v Boyd and Galego

Tenant wins · Hamilton · 2020-11-02

Adjudicator

Laura Hartslief

Dispute

Tenant-initiated Termination

Landlord

Executive Properties Inc

Tenant

C.B., M.G.

Landlord rep

Curtis Begg

What happened

The landlord purchased the property with the intention of renovating it and offered the tenants monetary incentives to vacate. The parties signed an agreement to terminate the tenancy effective August 31, 2020, with the landlord agreeing to pay the tenant $5,000 for vacant possession. However, the tenant was the victim of a fraud scheme and was unable to move out as planned. The tenant filed a motion to set aside the order terminating the tenancy.

The ruling

The tenant's motion to set aside the order terminating the tenancy is granted. The order SOL-16648-20 is set aside and cannot be enforced.