In the matter below, the tenant was served with the Notice to vacate by the Sheriff's office on September 25, 2024 as preparation for a scheduled Sheriff attendance on October 4, 2024 for the purposes of evicting the tenant. The tenant , however, made an assignment in bankruptcy on September 25, 2024 and the Sheriff's office refused to carry out the eviction ,on account of the bankruptcy filing, and took the position that a court order lifting the stay in bankruptcy is required, prior to the Sheriff carrying out the eviction. On a subsequent motion to the Superior Court by the Landlords, the court found the stay pursuant to section 69.4 of the Bankruptcy and Insolvency Act did not apply to the provisions of the Landlord and Tenant Board order that relate to the Tenant's eviction and the Landlord's right to possession of the rental unit. In the alternative , the Court found it would have granted an order lifting the stay as it would not affect the rights of the tenant's other creditors and as the Landlords continued to incur expenses in connection with the unit, it would be just and equitable to lift the stay.
Estate of Justin Evan Stevenson 2024 ONSC 7051
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