It does sound like a bit of a problem. Is your court hearing through the courts or through the Residential Tenancy Dispute Resolution Service (RTDRS)?

Either way, if the judge or hearing officer finds everything in order on your side, he will set the final eviction date (this can be days or weeks after the hearing). Once that final date goes by if the tenant hasn’t vacated you can file the default of service and writ of possession paperwork at the main courthouse, not the RTDRS office. After it is filed you usually get the signed copy back within 48 hours and at that point you can hire the bailiff.

Legally you cannot move any of his items out until you have gone the bailiff route unless it appears he has vacated. Onus is going to be on you to prove that he vacated, so always make sure you document everything. Also if they leave a ton of stuff behind, film everything and also take tons of pictures to document what you move out. You don’t want him coming back six months later with paperwork showing you owe him $50,000 for stealing his collection of rare Rolex watches that doesn’t actually exist.

Hope that helps and good luck!

Bill