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Showing posts from February, 2023

To Evict or Get Vacant Possession? That is the Question

The Ontario Court of Appeal's decision in Van Decker Estate v Van Decker , 2022 ONCA 712 serves as a reminder that not every type of eviction case is restricted to a hearing in the Landlord and Tenant Board ("LTB").  In that case, an estate trustee brought a motion for directions after one of the estate's beneficiaries and his spouse refused to vacate a property the deceased owned at the time of his death. The motions judge had granted the estate trustee's request for an order declaring that the property's occupants were not tenants of and had no interest in the property, that they vacate the property, and that they pay occupation rent arrears at fair market value to the estate. Although not framed in this way, the estate trustee essentially sought what is commonly referred to as an order for vacant possession of the house. At first glance, it may seem as though the LTB should have determined the issues in this case, but the Superior Court of Justice has juri