Does Gardewine have an obligation to evict a tenant who has trespassed on their property?
Manitoba, Canada
The following excerpt is from Northern Cartage Limited v. Motorways (1980) Limited, 1999 CanLII 14226 (MB QB):
Nor do I find that these occasional trespasses constituted an eviction by Gardewine as the landlord. Actions by the landlord will not constitute eviction unless they are actions of a grave and permanent character which are done with the intention of depriving the tenant of the enjoyment of the whole or of a portion of the premises (Ferguson v. Troop, 1890 CanLII 64 (SCC), [1890] 17 S.C.R. 527 (N.B.S.C.) at 578).
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