Last updated: August 16, 2024
Agree with the ruling?
Citation: 1147335 Ontario Inc. v. Eden, 2022 ONSC 2373
File Number: TNL-27783-20
Hearing Date
Apr 2022
Order Date
Apr 28, 2022
The Divisional Court dismissed the Landlord's appeal of the LTB decision. The court found no errors of law in the LTB's factual determination that the Tenant did not cause the fire or in its decision to grant relief from eviction despite the Tenant's lack of insurance.
Landlord appealed LTB decision dismissing their application for eviction and damages related to a fire in the rental unit. The fire was caused by a discarded cigarette butt from elsewhere in the complex, not by the Tenant. The LTB had granted relief from eviction despite Tenant's lack of insurance being a substantial interference with Landlord's rights.
Landlord argued that the Tenant's lack of insurance constituted a substantial interference with their reasonable enjoyment or lawful right, privilege or interest.
Landlord had warned tenants of the risk associated with tossed cigarette butts, which had caused fires in the past.
Tenant argued that the lack of insurance did not warrant eviction, as there was no evidence that insurance would have covered the fire damage.
Tenant did not have insurance as required by the rental agreement.
Tenant did not have insurance as required by the rental agreement
Need assistance from an expert?
Click to switch between order outcomes
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
