Wu v Elle Mortgage Corp

Tenant wins · Markham · 2025-07-24

Adjudicator

Nancy Morris

Dispute

Illegal Act, Substantial Interference, Tenant Rights

Amount

$5-10K

Landlord

Elle Mortgage Corp., M.F.

Tenant

K.W.

Landlord rep

D. Ciobotaru

Tenant rep

W. Hu

What happened

The Tenant applied for remedies after being illegally evicted from the rental unit. The eviction was carried out by a representative of the mortgagee in possession (Landlord 1) and the Sheriff. The Tenant claimed that the Landlord 1 illegally collected money, substantially interfered with his reasonable enjoyment, and failed to allow 72 hours for property removal. Landlord 1 requested a review of a previous order on the basis of improper service, which was granted, leading to this de novo hearing.

The ruling

The LTB found that Landlord 1 (mortgagee in possession) conducted an illegal lockout. Landlord 1 is ordered to pay the Tenant a total of $9,584.89 by August 4, 2025. This includes the return of rent deposits, pro-rated rent for the month of the eviction, moving costs, the application fee, and $5,000.00 in general compensation for the mental distress and intimidation caused by the illegal eviction.