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Residential Eviction: Legal Case Study

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The Ontario Court of Appeal has determined that an illegal act needs to be serious in order to warrant an eviction, since there is no remedy provision provided for Section 61(1) of the Residential Tenancy Act 2006, S.O. 2006, c. 17. In regards to whether an illegal act under the Residential Tenancy Act 2006, S.O. 2006, c. 17 can be municipal, federal, or provincial, the Board looked at Guideline 9, which states “The term "illegal" is not defined in the RTA but would include a serious violation of a federal, provincial or municipal law. If the illegality is trivial or technical, the act or business or occupation might not be considered serious enough to warrant eviction.” Guideline 9 also goes onto say that “An illegal act will be serious if

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