Saving Peter's Home

JusticeNet’s Pro Bono Connect (PBC), recently represented an elderly man to defend eviction proceeding filed in SACAT, with the assistance of pro bono counsel, Marita Pangallo of Howard Zelling Chambers. Our client had suffered from a debilitating stroke and was unable to represent himself. PBC argued that SACAT did not have jurisdiction to hear the application, as there was no residential tenancy agreement between the occupier (our client) and the owner of the home. PBC argued that there was a long-term agreement in place that our client would live in the home and contribute to the mortgage and maintain the property until such time as he could afford to take on the legal title to the home. 

The application was dismissed. The tribunal agreed that it did not have jurisdiction to hear the application. In the exceptional circumstances of this urgent matter, with no alternative available at short notice, JusticeNet acted directly for our client. While the imminent threat of eviction has been avoided, our client’s future is still uncertain as the parties must resolve the question of his interest in the property. We are pleased to report that we have referred the matter to a member firm for pro bono legal representation with the continued assistance of counsel.

First published 22 Mar 2021
Image credit: Ulrich Derboven on Unsplash