Stewart v Deane

Split/Other wins · Ottawa · 2025-07-14

Adjudicator

Vladimir Nikitin

Dispute

Illegal Act, Tenant Rights

Landlord

J.D., E.F.

Tenant

T.S.

What happened

The Tenant filed an application alleging an illegal lockout. The tenancy had been terminated by a previous LTB order for non-payment of rent, effective May 31, 2025. When the Tenant failed to vacate and return the keys by the deadline, the Landlord changed the locks on June 1, 2025, without involving the Sheriff. The Tenant sought to be restored to possession to retrieve remaining belongings.

The ruling

The Board found the Landlord technically committed an illegal lockout by changing locks without the Sheriff. However, the Tenant's request to be restored to possession was denied. The Landlord was ordered to make the Tenant's remaining belongings available for pickup until July 16, 2025, after which the Landlord may dispose of them.