Cases & Decisions

Landlord Tenant Board requires Youth Court Order for YCJA records to be used for Eviction Application

Court: Landlord Tenant Board, 2016

In this case, a landlord sought to evict the parent of a child on various grounds including allegations of illegal acts being committed by the child. JFCY represented the child and the Advocacy Center for Tenants Ontario represented the parent in successfully arguing that the Board cannot hear evidence that identifies a young person as having been dealt with under the Youth Criminal Justice Act (YCJA) without an order from a youth criminal court order. The child had been arrested and the landlord relied on this arrest in their eviction materials.

The Board determined that the eviction proceedings could not be heard until the landlord obtained a youth court order authorizing their reliance on the minor occupant’s youth criminal justice involvement in the Board’s proceedings. The eviction proceedings were adjourned sine die (to no appointed date). In making their order, the Board applied the legal provisions of the YCJA that dictates that the youth court has exclusive jurisdiction over the use and disclosure of youth criminal records, and that any such records are private and cannot lawfully be discussed outside of a youth criminal court without a youth court order under s. 119 or s.123 of the Act.

The Board’s interim order

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