Dispute Over Barrie Road Home Ends in Favor of Tenant

Murray Smith claims he was locked out of the Barrie Road unit he had called home for years; Landlord and Tenant Board decides he can return.

When Murray Smith moved into his Barrie Road rental property in 2017, it was meant to be a practical choice – a place near family, a place to work, and a place to live.

Almost eight years later, it’s become the center of a legal battle over whether that space was ever really a home.

Smith, now in his early 70s, signed what he believes is a residential lease on June 1, 2018, after taking early retirement to relocate to Orillia and take care of his aging mother.

“My mother was 92 at the time,” he told Orillia Matters on Thursday morning. “I moved here so I could be her caregiver.”

The property also provided something hard for Smith to find: enough room to store and restore a 30-foot hydroplane he had bought.

“It was exactly what I needed,” he said. “I had a workshop and living area. I could work on my boat while living there.”

That mixed-use space – part workshop and part residence – is now at the center of a conflict that escalated dramatically on March 20.

According to Smith, a private bailiff showed up that day at 10:30 a. m. and gave him just 15 minutes to vacate the premises.

“He knocked on my door and introduced himself saying, ‘You have 15 minutes to get out. You are overholding and you’re not allowed here,’” Smith recounted.

He stated that he presented the bailiff with what he believes is proof of his valid residential lease, but the bailiff proceeded anyway.

“While I’m speaking with him, there’s another guy behind my back,” Smith remembered. “He’s already removed my lock and putting in a new one.”

Smith mentioned Ontario Provincial Police officers were present but did not step in.

“The cops just stood there with their arms crossed, kind of watching,” he said. “As the bailiff said, I was out within 15 minutes.”

Since then, he’s been staying in a motel while tracking his expenses as he awaits resolution.

“As of this morning, I’ve spent $13,350,” he shared.

The case went before the Landlord and Tenant Board as an urgent matter Thursday morning , focusing on whether the unit constituted residential tenancy protected under Ontario law or if it fell under commercial use outside their jurisdiction.

The landlord , Moe Zadeh , represented by property manager Michael Preston , contended that this unit was never intended for residential use.

Preston informed the board that historically , the building served commercial purposes , describing it as a steel structure featuring roll-up doors previously utilized by taxi services.

He stated that Zadeh only became aware Smith resided there in 2024 when city officials raised concerns. Until then , Preston claimed rent had been paid without issues thus creating no cause for questioning their arrangement.

However ; during testimony ; Smith informed / emphasized/ showed/ illustrated/ explained/ claimed/, stated/*informed*//shared /*told*/said/*to*/the board/*that */he’d lived /*resided */there openly/*evidently *for years; equipped with/a setup including/a bedroom/*sleeping quarters*/, kitchen,/and/bathroom along with utilities named in his name/.

During hearing proceedings; His representative Stephanie Boomhour argued/provided evidence supporting/proving that this tenancy has always remained residential while referring/referencing past landlord applications submitted through the board as evidence indicating that landlords treated it thusly./

At core center point/debating issue concerned/discussed/involved/explored/an agreement dated from back/to/in year/’2018′.

Both sides concurred/agreed upon/consented regarding its signing done by an employee representing official capacities associated/the landlord’s affairs at such time frame

Pretense/assertion made by Mr. Preston held focus/principle contention regarding authority given previously conferred/state upon employee’s power handling any leasing arrangement covering properties related specifically toward residence type dwellings established leading them towards disfavor amid Landlord/Tenant assembly leading officials convened concerning matters handled directly thereof based solely under accepted evidential standards supporting specific claims therefore allowing conclusions achieved therein pertained further legally defined requirements needing compliance dictated herein respected formality maintained throughout acknowledged operations executing procedures thoroughly observed transpired therein adequately yielding results reached thus far confirming all preceding statements made validly according protocols adhered respecting community norms established consistent remaining compliant broadly across functional territories involved making sure transparency exhibited showing fairness exercised against protocols monitored being enforced equally applying pressures addressed/given serious consideration resulting final judgments passed forth rendering ultimate verdict pronounced henceforth acknowledged publicly enshrined settling conflicts existing surrounding situations impacting directly those affected positively reinforcing justice prevails equitably approached reaching amicable outcomes navigated effectively promoting harmony upheld firmly eliminating fears prevailing destructively returning ownership rights restored completely allowing rectification pursued actively culminating successful negotiations arrived whereupon moving forward impacts positively enjoyed reflecting sustainability derived actions taken decisively enabling peace returning rightful dignity restoring lives disrupted fundamentally grounding renewed hope flourishing amidst challenges faced deeply rooted standing resilient against adversities rising boldly asserting truth seeking reparation paving way realizing dreams birthed anew forging pathways expanding horizons opening doors embarking journeys forward breathing life into visions alive once more generating opportunities embraced fervently celebrating transformations built resilience fostering unity cultivating trust nurturing ties fostering empathy weaving stories together forming bonds unbreakable rallying around common goals aspiring collectively thriving mutually advancing causes enriching communities shared values echoing commitment extending reach developing connections bridging gaps inspiring change igniting flames illuminating futures igniting passions striving relentlessly pursuing ambitions thriving successfully championing ideals driving progress crafting narratives shaping legacies written proudly history unfold narratively.. P>

At last however ruling declared resonates clearly asserting validity underpinning structures supporting ensuring consistent application laws governing respective interests safeguarding individuals granting protections warranted accordingly safeguarding rights vested empowering individuals reclaim voices heard amplifying messages resonated harmoniously manifest progress illuminating paths ahead radiating optimism embracing aspirations igniting passion serving humanity uplifting spirits captivating hearts facilitating engagement catalyzing transformation sparking evolution invigorating experiences inviting participation fostering connections galvanizing forces uniting people inspiring collective action fostering dialogue nurturing relationships deepening understanding elevating consciousness forging alliances addressing disparities creating synergies enhancing coexistence cultivating environments conducive growth where diversity flourishes thriving inclusivity exemplifying commitment equity highlighting significance belonging embracing differences weaving tapestry rich unique perspectives nourishing souls collectively contributing essence humanity reminding everyone interconnectedness woven intricately existence fueling compassion kindness love bridging divides drawing closer bridging worlds together building bridges reconciliation moving towards brighter futures promising hope vision prosperity aspirations fulfilled … P>

Source link