What is the effect of bringing a motion to evict an elderly woman from her home where she lives in a care home?
Ontario, Canada
The following excerpt is from Kaphalakos v Dayal, 2016 ONSC 3559 (CanLII):
Bringing the motion results in the sale of the property and the sale of the property deprives the appellant of a place to live at a time when, if you accept her affidavit, she is physically and mentally impaired and has no place else to live. Such a result is capable of supporting a finding that the bringing of the motion is oppressive: see for example Klakow v. Klakow (1972), 7 R.F.L. 349 (Ont. S.C.).
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