LTB Order Details for Samantha Willson And Patrick Leverance

applied for an order to terminate the tenancy and evict Samantha Willson (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was resolved by order LTB-L-099671-25 issued on February 9, 2026. On February 20, 2026, the Potential Party requested a review of the order and that the order be stayed until the request to review the order is resolved. On February 23, 2026, interim order LTB-L-099671-25-RV-IN was issued, staying the order issued on February 9, 2026. This application was heard by videoconference on March 30, 2026.

It is ordered that: 1. The Board’s jurisdiction under section 69 of the ‘Act’ to grant termination and eviction on an L1 application is contingent upon the existence of a valid landlord and tenant relationship and a tenant in possession at the time the application is filed 2. These statutory preconditions were not met. A deceased person cannot be a tenant in possession, cannot incur ongoing rental obligations, and cannot be the subject of an L1 eviction proceedings. 3. Because jurisdiction must exist at the time an application is filed, it cannot be retroactively created by the presence of an occupant in the unit after the tenancy has terminated by operation of section 91 of the ‘Act’. 4. The evidence further establishes that the Landlord became aware, by December 2025, of the tenant’s death and that Patrick Leverance remained in possession of the rental unit. Despite this knowledge, the Landlord did not pursue the appropriate remedies available under the ‘Act’ to determine Mr. Leverance’s legal status, such as whether he was an unauthorized occupant, a deemed assignee, or otherwise entitled to remain in possession. The Landlord continued to pursue the L1 Application against the deceased Ms. Wilson, did not inform the Board at the hearing about her death and obtained an eviction order against her. 5. As a result, Order LTB-L-099671-25 issued on February 9, 2026, is cancelled. 6. The Landlord’s L1 application is dismissed for lack of jurisdiction. 7. This order does not determine Patrick Deliverance’s legal status in the rental unit. Any such issue must be addressed in a pro...

This Landlord application — Eviction for non-payment of rent — was dismissed.