2491364 Ontario Inc. v Limbada - LTB Dismisses Landlord's Illegal Act Eviction Claim

Antony Thomas testified that on January 17, 2024, sometime between 8:30 am and 9:00 am the Tenant, Rashid Limbada knocked on the door of the management office and wanted to make a maintenance request and during an altercation he tried to punch him with his fist. He testified that when the Tenant was about to punch him the Tenant had his right hand above his head and he had to step back to avoid being punched, he noted that the Tenant is a large individual. He testified that on that day when he came out of the office to speak to the Tenant, he was threatening him. He testified that he was asking the Tenant if he had any plans to start paying rent as he had not been paying his rent. He stated that he kept asking the Tenant to move back but he kept coming toward him and was about to hit him. One of his coworkers came out of the office and the Tenant was still threatening him. A few minutes later the Property Manager exited the elevator and saw what was taking place and he was able to calm the Tenant down.

Tenant, Rashid Limbada testified that on January 17, 2024, he attended the main office as he had an outstanding work order that he wished to file with the Landlord. He testified that he is not allowed inside the management office, so he knocked on the door of the management office. He testified that Antony Thomas came out of the management office, and he kept asking the Tenant when he was going to pay his rent and the Tenant kept telling him that he was on a rent strike, and he just wanted the paperwork for file the work order. He testified that Antony Thomas came close to the Tenant and kept insisting that he start to pay his rent and he would not provide him with the paperwork for a work order. He testified that he was finally able to obtain the work order from the Property Manager, Steven Armstrong when he appeared out of the elevator. He testified that it was frustrating when Antony Thomas would not provide him with the paperwork for a work order as this was a simple request, and his maintenance issues would not get rectified without a work order. He testified that he did not raise his hand to hit Antony Thomas and that his hand just raised while talking, and all he wanted was the paperwork to report his maintenance issue. He testified that his hand was not in the shape of a fist and that he was holding a pen in his hand when his hand raised and had no intention of hitting Antony Thomas.