Landlord Wins Interference and Damage Case: 2350117 ONTARIO INC v Gratton 2024
North York landlord wins LTB case to evict tenant for substantial interference and property damage
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1750 Wilson Ave, North York, ON M3L1A8
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
May 3, 2024
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant because the tenant, another occupant, or someone the tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the landlord or another tenant, and has wilfully or negligently caused damage to the premises. The landlord also claimed compensation for each day the tenant remained in the unit after the termination date and for the cost to repair or replace the damage.
Determinations
- Tenant's agent explained the allegation of serious error relates to landlord's testimony
- Tenant claims she did not receive notice of hearing due to mailbox issues
- Landlord testified no ongoing issues with mailbox, promptly addressed maintenance requests
- Board found tenant's claim about mailbox unsupported by evidence
- Board found tenant was reasonably able to participate in proceeding
Case Study
The tenant alleged that the landlord gave false testimony at the previous hearing and that the Board erred in making an order in the landlord's favor. The tenant claimed she did not receive the notice of hearing due to issues with the mailbox. However, the landlord testified that there were no ongoing issues with the mailbox and that he promptly addressed any maintenance requests. The Board found that the tenant's claim about the mailbox was unsupported by evidence and that the tenant was reasonably able to participate in the proceeding.
Arguments and Actions
Landlord
Actions
Landlord testified there are no ongoing issues with the community mailbox or the tenant's mailbox, and that he promptly attends to any maintenance issues reported. Landlord testified the tenant's animals have been cared for by the superintendent since the tenant was evicted, and the tenant has been given access to retrieve her belongings and animals.
Tenant
Arguments
Tenant alleges the landlord gave false testimony at the previous hearing and that the Board erred in making an order in the landlord's favor.
Actions
Tenant claims mailbox was broken, leaving mail accessible to others, and that mailman left a note to the property manager advising they could not access the property to leave mail around the time she was evicted. Tenant acknowledged receipt of the order issued December 8, 2023, which she received on December 23, 2023. Tenant was evicted by the sheriff on January 9, 2024 and left her dog and cat behind, which were not fed for many days.
Decision Summary
The request to review the previous order is denied. The previous order is confirmed and remains unchanged. The interim order staying the previous order is cancelled, and the stay is lifted on May 14, 2024.
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
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