Our client’s recently ex-husband died. The house was in joint names, so it automatically went to her and did not form part of his estate.
She was not living in the house at the time of his death, but her 27 year old mentally ill step son had been boarding with the husband.
Her tenancy was coming to an end so she wanted to move back to the house but did not want to share with the stepson and the stepson’s mother and sisters refused to assist him.
Being on a property without permission is trespass under the Criminal Code, so we helped our client write the necessary notices stating that if he did not vacate by last weekend, he would be there without consent, and the police would be called around to eject and/or arrest him.
He failed to vacate. We called the police on Monday. They said it was a civil matter and would not assist. We explained that it was not a civil matter and there was no real civil remedy because it was not a tenancy but it was definitely a case of trespass under the Criminal Code. Still no joy. So, we rang a complaints section of the police and 2 hours later 2 burly policeman attended the house and the stepson accompanied them to police station with a computer, clothes and some personal belongings to be charged with trespass.
The client is very happy, but the situation is rather sad.

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