Whitehorse Daily Star

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Photo by Vince Fedoroff

SEEKING A NEW HOME – Alicia Johnston, seen above on Monday, says several circumstances make her and her family’s eviction, scheduled for today, unfair.

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Photo by Vince Fedoroff

Johnston says the bathroom in the apartment was unusable for a period of time.

Eviction uncalled for, local woman believes

A local woman says she and her family are being forced out of their Klondike Road apartment without cause.

By Stephanie Waddell on October 31, 2017

A local woman says she and her family are being forced out of their Klondike Road apartment without cause.

Alicia Johnston says she was given a 60-day eviction notice two months ago.

That was just a day after she had been successful in getting an order through the Yukon Residential Tenancies Office that awarded her compensation for issues with the apartment.

Those included a fridge that wasn’t working and a bathroom that was not usable for some time.

With the eviction set for today, Johnston had sought dispute resolution through the tenancies office, which upheld the eviction.

She was left with just seven days to find a new place for herself, her husband and three kids with today’s deadline to be out, Johnston said in an interview Monday.

She said she’s unsure where she and her family will end up.

She noted that she’s struggled to find housing for her family since moving back to the Yukon from Alberta in 2016. She’s currently on the Yukon Housing Corp. waiting list.

Johnston didn’t show up for the dispute resolution hearing, but, as she pointed out, there were a number of issues happening for her at the time.

She had a matter being heard in criminal court at the same time.

As well, she had recently started a new job along with looking after her three kids, the youngest of whom has cerebral palsy.

“I had completely forgotten,” she said of the hearing, noting how upsetting it is that there is no leeway for such circumstances.

The written decision of the tenancies office reviewing the matter notes that those who attended the hearing – including the landlord – “stayed on the line for a 15-minute period waiting for the tenant to attend.”

The office recognized that Johnston did have another matter in criminal court at the same time as the dispute resolution.

However, it was also noted the office was never contacted about the scheduling conflict.

The decision states: “The dispute resolution process is designed to be final and binding, and give parties access to fair and expedient dispute resolution.

“That said, parties need to maintain contact with the office on the matter if alternative arrangements are required or if they missed a hearing.

“Although the hearing took place during a chaotic time for the tenant, the tenant could have taken some measure to inform the office of the situation before she did.

“The landlord has now obtained an order based on the non-attendance of the applicant.

“To find that parties can have matters reheard due to scheduling conflicts that, even if they do come up in the last minute, could potentially be remediated with a short phone call, would be unreasonable and potentially encourage parties to unnecessarily delay proceedings.

“Parties are required to attend the hearing, or at a minimum .... show some immediate concern in the event they missed to the hearing to have it potentially rescheduled.

“Based on this, I dismiss the application for review based on the fact that the tenant did not take reasonable steps to ensure they could attend the hearing, or make reasonable attempts through the RTO (tenancies office) to potentially adjourn the matter to be heard at another time.

“There are not sufficient grounds based on what was submitted to reopen or reverse the decision of the deputy director. I therefore dismiss the application for review filed by the tenant.”

Johnston argued there have also been tenancy disputes between her husband and landlord over a different unit he was renting, expressing suspicions that the eviction may be related to that.

In an August decision on that matter, the tenancies office ruled in favour of her husband, ordering his landlord to pay compensation over issues at that apartment.

In a brief comment on the matter Monday, landlord Daljeet Dhillon was quick to note that the 60-day eviction notice is legal, and there is no requirement for a reason to be given.

Comments (18)

Up 0 Down 2

Wilf on Nov 6, 2017 at 5:10 pm

@June "I doubt it."

Up 10 Down 1

June Jackson on Nov 6, 2017 at 1:44 pm

Mr M: I did report a man getting 1,700. a month SA, he reported living in a cabin on the Carcross hiway, but he was really living in Yukon Housing with his wife and kids, who were also on welfare.. when I told him I was going to report him, (the cabin didn't even exist) he said go ahead, they won't do anything. And they didn't.. when I inquired, I was advised that the Department didn't have investigators. But the truth is, the instant they kick someone off welfare for lying, or fraud, and that person jumps in the river, the Department is hung out to dry.. so they just hand it out to everyone. I don't know if there are any answers. Today, everyone is crazy.

Up 7 Down 20

B Smith on Nov 5, 2017 at 9:40 am

As usual, everyone has an opinion but no one is offering to help. What has happened to the North. How is it that we can sit there and feel entitled to judge others and feel good about it. Shame on you people! I was a professional and could not find adequate housing or full time work as a nurse in the North. Too bad, Yukon lost out on an amazing nurse.

Up 38 Down 1

Mr M on Nov 4, 2017 at 9:54 am

Recently my son and his family moved out of a basement suite in Granger. Not because of any issues other than it was too small for their growing family. They moved into a three bedroom home in Riverdale. They cleaned the basement suite and got their damage deposit back but when they went to move into the house in Riverdale the house was a mess. The previous tenant had been evicted and she left garbage everywhere, broken door, dirty carpets and walls. It was a pig pen. She will not get her damage deposit back but it doesn't matter because she is on Social Assistance and they will just pay the damage deposit on her new place. Makes me sick that we as tax payers still have to pay for these people that feel they are entitled to money for doing nothing. I believe there are people that need help and I for one do not mind helping as my mom was on Welfare way back when my dad died at a young age and left my mom with 8 kids. She was only on welfare a short time and went to work and never looked back and she was grateful for the help.
Social Assistance needs to check up on some of these people that are just using the system. Also the Medical system and other Departments need to check on people living out of the Territory and collecting benefits when they don't even own a home here or don't come back for the specified time they have to be here to get the benefits. It is a farce how the system works. I as a tax payer and working two jobs have been a little pissed off and want to report these users of the system. The Government needs to stop this practice because if you can afford a home or residence down south you can pay your own way. Come to the Yukon and get more benefits and you don't have to even live here. Taxpayers need to raise their voices and let the Government know this is not acceptable. I agree with other posters that you don't get evicted for nothing but I would not rent off the people these people rented off. They are better off moving and finding better landlords. There are a lot of slumlords out there.

Up 49 Down 2

Fib on Nov 3, 2017 at 7:16 am

No one gets evicted for no reason.

Up 74 Down 1

2 sides on Nov 2, 2017 at 9:32 am

To anyone blaming the landlord, remember there are 2 sides to every story. It's very rare that someone gets evicted for being a fabulous tenant. Also, it is THEIR investment and they can choose what to do with it within the rules and regulations of the Landlord Tenant Act.

I would NEVER want to be a landlord. Way too much of a headache for the return you get.

Up 47 Down 4

Odette Delov on Nov 1, 2017 at 10:26 pm

There absolutely are always two sides to each story and this tenant has a habit of trying to manipulate things 100% her way with her tenancies. After having 60 days notice, she states she has only 7 days to find a new place for herself, kids, and her husband- but didn’t she say her husband had his own place? How much abuse of our government services and taxpayers dollars are happening here? Did she even pay the application fee with the RTO to have the mediation case heard, or was it all at taxpayers expense, with nothing for this tenant to lose by appealing and not showing up for mediation hearings?

Duane- You have obviously never considered the reality of being a Landlord, and the responsibilities and financial risks involved. It is a business investment not a charity, and Landlords always have a reason for evicting unsuitable tenants, and for rewarding deserving tenants. If forced to give up control of their investments properties with “providing cause” or “rent controls”, you would see a drastic reduction of rental units in Whitehorse.

Cathy- What are you talking about the new law that landlords cannot evict….? I suggest you re-read the Act, and if you really believe your statement to be true, please inform us all as to which section and item of the new Act specifically states what you are claiming. Always good to check facts before incorrectly advising others.

If this Landlord had unsuitable rental units in the past, the requirements of the new RLTA Regulations will ensure that rental properties are maintained up to standards now. As with tenants, landlords methods often improve with time, and should not be labeled permanently. Perhaps there should be a Registry of Good Landlords and Good Tenants for all to refer to.

Up 44 Down 1

Yukon Watchdog on Nov 1, 2017 at 7:05 pm

@ Cathy, Uhhhh, what law would that be? Yukon's Landlord Tenant Act says a landlord can evict anyone with two month's notice. No cause required. Tenants have to give one month's notice. Sounds like you are confusing the security deposit with rent. On eviction, a landlord must pay back the security deposit plus interest providing there are no damages. If there are damages, the security deposit is there to pay for those damages. Unfortunately for the landlord, damages usually far exceed the security deposit.

Up 21 Down 4

June Jackson on Nov 1, 2017 at 6:33 pm

Paulette Tremblay: I've often thought that the world would be a better place if we just followed Ellen Degeneres who closes every show with just be kind to each other...

"Most of all, do not let greed and selfishness play in either landlord or tenant." "Basic needs are a must and by not providing these necessary requirements within a housing facility can affect any tenant and will reflect on the landlord's public status."
People are sleeping on the streets all over Canada..Toronto reporting 70 homeless dead today. NO landlord cares about his public status... There are many ways to abuse a tenant, some landlords are renting illegal suites so they won't give receipts, which means tenants can't get the PUG for seniors or Northern Residence.. Some landlords have a legal suite but don't report their income to Revenue Canada, so they still won't give receipts, some landlords have a key and go into your suite/home when the tenant is not there.. things like that.. Some tenants destroy the place and when evicted just don't leave, or use that 30 days to punch holes in the walls, burn the carpets or curtains, stuff a toy down the toilet.. I wish it were all as easy as you make it sound.. that being said, i think you are right, but i don't think it can happen.

Up 22 Down 19

Paulette Tremblay on Nov 1, 2017 at 4:18 pm

Yukon is not a third world area. If you are going to be a landlord, then provide as a landlord should. A respectful landlord will then receive respectful tenants. Be kind to one another regardless. Do your best as a landlord and a tenant. Most of all, do not let greed and selfishness play in either landlord or tenant. Basic needs are a must and by not providing these necessary requirements within a housing facility can affect any tenant and will reflect on the landlord's public status.

Up 8 Down 43

Cathy on Nov 1, 2017 at 3:18 pm

There is a new law out that was implemented by the landlord and tenant act.. The new law is that landlords cannot evict you if they do the landlord has to give the tenant their first month's rent back plus any monies the tenant spent to fix things in their unit.

Up 37 Down 11

louisemyriam on Nov 1, 2017 at 1:50 pm

Google "Daljeet Dhillon". It's impressive how many times this family ended up in the newspaper. Even more impressive this family is still operating in customer services...

Up 68 Down 7

a person on Oct 31, 2017 at 9:50 pm

As far as I am aware, it's a month to month tenancy. The rules of that are that she is to give one calendar month's notice to leave, and the landlord has to give 2 calendar month's notice if she is being asked to leave. The operation of the fridge and bathroom are irrelevant. There is nothing to dispute. She was given 60 days to find a new place, and I am 100% sure the landlord had good reason. Nobody likes finding a new tenant and having people move in and out of an apartment. It is a hassle for everyone involved.

Her name sounds very familiar, but I do not remember what her 'criminal matter' was about.
It sounds like the landlord would have a story to tell.

Up 70 Down 9

jc on Oct 31, 2017 at 9:45 pm

She had 60 day notice to find other accommodations. Now, she is complaining she has only 1 week.

Up 68 Down 7

June Jackson on Oct 31, 2017 at 7:45 pm

“I had completely forgotten,” How can you forget that you are not going to have any place to live? Just saying'

I would not want to be a landlord these days... if you don't get a good tenant you can be totally screwed and lose all of your investment. That being said.. the other side of the coin should be landlord responsibility for providing a safe roof that has everything in the agreement working. Every tale has 2 sides, the Landlord is being pretty quiet.

Up 56 Down 11

anonymous on Oct 31, 2017 at 7:01 pm

My family and I used to live in this apartment when we were on hard times. I remember the heat stopped working at -30 and they refused to fix it for some time. We had space heaters and were freezing. My family is doing much better financially but I feel bad for anyone who rents from them as we have been there. Good luck and hope you fine something better!

Up 18 Down 75

Duane Gastant' Aucoin on Oct 31, 2017 at 5:29 pm

This is a disgrace that a landlord doesn't require cause to evict a tenant here in the Yukon! Especially a family with young children! The Landlord Tenant Act needs some serious overhauls to protect tenants such as these. As well there needs to be rent control so landlords can't increase the rent as high as they want!

Up 80 Down 8

Thomas Brewer on Oct 31, 2017 at 4:43 pm

Landlords are not investing their capital and using their energies to house people out the goodness of their hearts - If you're not going to be a quality tenant, there are 3 good potential tenants standing in line waiting for a decent place.

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