Talk:Non-Application of the RTA (Eviction)

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Protection of Non-RTA Tenants from Unlawful Evictions

The focus of this article is to explain the law with respect to tenancies that are not covered by the RTA and what protections are available to tenants from summary evictions without court orders.

Legal Framework

The following areas of law must be considered when assessing tenant protection not covered under the RTA,

  • The application of the Trespass to Property Act, R.S.O. 1990, c. T.21
  • The application of the Commercial Tenancies Act, R.S.O. 1990, c. L.7
  • The common-law doctrine of licensor/licensee relationships
  • The legal availability of self-help remedies (Lockouts)
  • Public policy principles and the administration of justice in a civil society

Case Study

The following case study will provide us with the context to explain the legal framework above.