Cases & Decisions

LS v YouthLink Youth Services [transitional housing eviction]

Court: Superior Court of Justice, Divisional Court Branch, 2020

LS is an 18 year old who was living in transitional housing provided by YouthLink Youth Services. Transitional housing is a type of supportive housing that provides residents with a place to live as well as supports to help them build the skills needed to obtain more independent, long-term housing.

As the pandemic broke in March 2020, YouthLink grew concerned that our client had spent time outside the house visiting friends. Without notice or warning, they prohibited her from returning to the house and terminated her tenancy within the housing program. When she returned to collect her belongings, the police were called and she was escorted from the premises in handcuffs.

LS sought recourse at the Landlord and Tenant Board (“LTB”). However, the LTB refused to consider our client’s application, finding that YouthLink is exempt from the Residential Tenancies Act (“RTA”). It is LS’ position that the LTB’s decision fails to properly apply the law – specifically a new exemption specifically intended to regulate transitional housing providers like Youthlink. The new exemption requires transitional housing providers to have robust agreements in place with residents that include dispute resolution and notice provisions to prevent on-the-spot evictions.

The client appealed the decision to the Divisional Court, file no 238/20. The hearing was held on December 4, 2020. We await the decision.

 

LS Factum Div Ct
LS-Factum-Div-Ct.pdf
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