Tenants terrified by security guards during illegal eviction

A Toronto tenant and his partner were visited by masked security guards in the middle of the night, asking them to leave their home. Although the Ontario Landlord and Tenant Board (LTB) has called their eviction illegal, the tenants have yet to receive any financial compensation.

Marie-Anne Goupil visited her partner Isaac Oton in January 2023. The Montrealer had already stayed in her small accommodation in Scarborough, in east Toronto on several occasions. At around 10:30 p.m. on January 4, the couple were visited by a group of masked men dressed in uniforms similar to those of riot police.

The men bang violently on their bedroom door, order them to leave their accommodation and claim that they have the key and are about to enter.

Terrified, Marie-Anne Goupil contacted 911.

I was on the bed and I was shaking, says Ms. Goupil. The couple then decided to record the scene using a mobile device.

On the recordings of which Radio-Canada obtained a copy, Ms. Goupil can be heard asking the emergency service to send police officers to the home. In total, she contacted emergency services five times that evening.

During these calls, a person firmly knocks on the door of the accommodation multiple times, asking: What do you want to do?

The person outside the accommodation asks to go out on several occasions, in the name of the owner of the accommodation, stipulating that the tenants must vacate the premises immediately. This can be done in a simple way or in a hard waywe can hear on the video.

Masked visitor claims to have been sent by Falesha Raquel Walters.

The Landlord and Tenant Board rules in favor of the tenant

Before the administrative court, the Toronto real estate agent denied owning the property. According to her, her role was solely to manage the building which belongs to her husband, Shane Walters. However, in its decision, the CLI considers Mrs. Walters to be the owner.

Radio-Canada attempted to obtain the owner’s version of the facts on several occasions.

At the time of publication, she had not sent her answers to our questions.

According to the documents presented to CLIthe police officers dispatched to the scene that evening allegedly warned the owner, who then arrived on the scene, that the tenants had the right to remain in their accommodation until an official eviction order had been issued.

Despite everything, the lock is changed while Isaac Oton and Marie-Anne Goupil talk with the peace officers.

After discussions with the police, a key is given to the tenant. However, a few days later, the lock was changed again and a big surprise awaited Mr. Oton.

Her personal belongings were removed from the room in her absence and a new tenant moved in.

The new tenant even used my dresser for her things. I think she still uses it

While waiting to find other accommodation, Mr. Otton, still deprived of his personal belongings left in the room, had to stay in a hotel with his visiting partner. Ms. Goupil also had to go to the emergency room to renew a prescription that she cannot do without. The couple incurred expenses of several thousand dollars.

The landlord appointed attorney Kyle Corbin as her representative with the tenants.

To obtain compensation, the couple turned to the Landlord and Tenant Commission (CLI).

The administrative court rules in favor of the tenant.

In its decision, the CLI describes the owner’s actions asabsolutely unreasonable.

I believe the landlords were motivated by malice and engaged in conduct that they knew or should have known would be extremely upsetting and stressful to the tenant.

The request for review filed by Falesha Raquel Walters was rejected by the court.

Completely illegal

The executive director of the Toronto Federation of Tenants Associations often hears stories of illegal evictions.

Geordie Dent affirms, however, that the use of private security companies is a rare occurrence, since it’s completely illegal.

He points out that only the Ontario Sheriff’s Office can carry out an eviction, once an eviction order has been obtained from the Landlord and Tenant Board.

Evicting a tenant is not something easy, it is […] serious and it can completely destroy a tenant’s life.

The tenant and his partner also filed a complaint against the people who were involved in the incident.

The owner received a formal warning from the Real Estate Council of Ontario.

The Ontario Private Security and Investigative Services Branch announced the review of the company’s operating license 7 Diamondsthe employer of the security guards who intervened at Mr. Otton’s home.

The three officers in question also received an official warning from the provincial agency which reports to the Ministry of the Solicitor General.

Ultimately, the Law Society of Ontario also issued a warning to lawyer Kyle Corbin who acted on behalf of the landlord, saying the events recounted by the tenants raise a concern. In its decision, the Bar writes that it gave Corbin, which refers it in particular to the applicable rule of the Code of Ethics”,”text”:”of the regulatory directives to MeCorbin, which refers it in particular to the applicable rule of the Code of Ethics”}}”>regulatory directives to Me Corbin, which refer him in particular to the applicable rule of the Code of Ethics.

Few consequences

THE CLI for its part imposed a penalty of more than $20,000 on the owners.

According to the decision, Mr. Otton, whose name appears on the lease of the accommodation, must receive $14,738.80 for the loss of use of his accommodation, the expenses incurred due to the illegal eviction and the related personal damages. with the events.

An administrative penalty of $7,000 must also be paid to the CLI For discourage owners from committing similar acts again.

However, no amount has been paid to the tenant for the moment.

Mr. Otton intends to follow all legal avenues at his disposal to try to obtain financial compensation.

His journey could be arduous, according to Me Sa’d.

Tenants can use collection agencies or have the landlord’s property seized, but the administrative procedures to achieve this are cumbersome.

Even for lawyers, it can be difficult to follow all the steps, so for those who don’t have the resources, that’s a big disadvantage.

Marie-Anne Goupil and Isaac Otton, however, are not discouraged. The decisions of the various agencies that have received their complaints so far encourage them.

Every decision in our favor is like a balmsays Ms. Goupil, who claims to have been living with post-traumatic stress since the events.