Decisions Made Ex Parte
An application (L3) filed by a landlord pursuant to subsection 77 (1) of the Act is generally resolved by an ex parte order issued pursuant to subsection 77 (4).
The tenant may file a motion pursuant to subsection 77(6) to set aside the ex parte order. The Board then holds a hearing to consider the tenant's motion. As a hearing concerning such a motion does not arise upon an application for an order to evict a tenant, subsection 83(1) does not apply. Instead, the Board exercises similar discretionary relief under subsection 77(8), which provides:
If the respondent makes a motion under subsection (6), the Board shall, after a hearing,
- make an order setting aside the order under subsection (4), if
- the landlord and tenant did not enter into an agreement to terminate the tenancy, and
- the tenant did not give the landlord notice of termination of the tenancy;
- make an order setting aside the order under subsection (4), if the Board is satisfied, having regard to all the circumstances, that it would not be unfair to do so; or
- make an order lifting the stay of the order under subsection (4), effective immediately or on a future date specified in the order.
When having regard to all the circumstances, pursuant to clause 77 (8) (b) the Board should consider circumstances that occurred with regard to the signing of the agreement to terminate the tenancy and thereafter or circumstances that occurred after the giving of the notice of termination by the tenant to the landlord.
DISCLAIMER
The wife and I have come back together after I did 69 days of time. We are attempting honourable reconciliation, but I still feel a knife in my back and have difficulty understanding her choices.
I spent our 13th Anniversary in jail, am still recovering the broken heart I sustained, but I still love Stacy. I just hope that we had God's protection and not just my strategic gameplay.
Unfortunately, Stacy and I are separated, unfortunately going for a Pauline Privilege based annulment. Her mother's death hit her hard, and she has since moved out after returning from Victoria, BC on Oct21, apparently staying at a shelter for "abused women" in Scarborough. Reports are that she retaliated against me because I was telling her that her younger brother is not welcome living with us in our cramped one-bedroom apartment.
After initially doing the emotionally stunted thing of having an emotional meltdown, I've decided to do the considerate thing and move move out of our apartment letting her take care of her dear little brother. As a result, I am going to be unable to regularly update the site for the foreseeable future until I secure a new apartment and recollect myself, although I should be able to maintain the server as-is. I'm still reeling from the fact that Stacy chose to walk out on me because I didn't want her brother living with us, but c'est la vie, right? Oct16th was actually our 10th Anniversary, and she spent that time settling the estate of her deceased mother in BC and helping her moocher brother clear out the apartment he shared with our mother.
I'm still in shock at how fickle the South American heart can be, so please pardon my scattered nature. I apologize for the fact that I haven't really updated the site for the past 56 days. Hopefully I'll get re-settled with relative ease and be able to resume regular updates before January 3rd, 2022.
Thanks for understanding our difficulty during this time of mourning.
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