Ostrander v Hagerty

Tenant wins · St. Thomas · 2022-01-06

Dispute

Breach of Conditions

Landlord

W.O.

Tenant

J.H.

Landlord rep

T. Mobberly

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant based on an agreement to terminate the tenancy. The application was sent to a hearing because the Tenant's signature was not dated. The Tenant had already moved out by the hearing date, rendering the application moot.

The ruling

The Landlord's application for termination and eviction was dismissed as the Tenant had already moved out on September 26, 2021, making the application moot. The tenancy was determined to have terminated on the date the Tenant vacated the rental unit.