Chalich v. Alhatam

Tenant wins · 2020-04-25

Adjudicator

Kristjanson J.

Dispute

Eviction

Landlord

A.C.

Tenant

D.A.

Landlord rep

David Strashin

What happened

Landlord seeks to enforce an eviction order issued by the Landlord and Tenant Board during the COVID-19 pandemic, arguing that the continued tenancy may jeopardize a real estate closing scheduled for April 30, 2020. The tenant had previously appealed the eviction order to the Divisional Court, but the appeal was dismissed by consent on March 18, 2020. The landlord now seeks to enforce the eviction despite the provincial eviction moratorium.

The ruling

The court dismissed the landlord's motion to enforce the eviction order during the COVID-19 pandemic. The court found that the landlord had not established urgent circumstances that would justify an exception to the eviction moratorium. The tenant was ordered to continue efforts to secure a new apartment and to keep the landlord's counsel informed of progress with the new landlord.