Desgranges v. McCluskey

Landlord wins · Ottawa · 2020-06-15

Adjudicator

Heather J. Williams

Dispute

Eviction, Illegal Act, Substantial Interference

Landlord

J.D.

Tenant

R.M.

What happened

Landlord sought enforcement of an LTB eviction order during COVID-19 eviction moratorium. The LTB had previously terminated the tenancy due to willful damage to the property and safety concerns related to suspected drug activity and frequent visitors during the pandemic.

The ruling

The court granted the landlord's motion to enforce the LTB eviction order despite the COVID-19 eviction moratorium. The Sheriff was directed to proceed with the eviction and give vacant possession to the landlord on or after June 16, 2020. The court found that the tenant's conduct, including property damage and disregard for pandemic safety measures, justified overriding the eviction moratorium.