2759953 Ontario Inc. v Vautour
Last updated: July 22, 2024
Order
Ordered by Elle Venhola,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: 2759953 Ontario Inc. v Vautour, 2022 CanLII 137343 (ON LTB)
File Number: SWL-49698-21
Timeline
Application Date
Mar 2021
Hearing Date
Aug 2021
Order Date
Mar 3, 2022
Tenancy End Date
Mar 2022
Decision
The Landlord's application to terminate tenancy for renovations was granted. The tenancy is terminated as of March 31, 2022. The Tenant must pay $5,420.64 for use of the unit from June 1, 2021 to March 3, 2022, plus $19.64 per day until move-out. The Tenant has the right of first refusal to reoccupy the unit after renovations.
Dispute
Landlord applied to terminate tenancy and evict Tenant for major repairs or renovations requiring vacant possession. Landlord served N13 Notice on January 27, 2021, with termination date of May 31, 2021. Tenant contested the application.
Determinations
- Building permit is required and obtained
- Landlord has good faith intent to carry out renovations
- Landlord requires vacant possession for major repairs/renovations
- Renovations include updating electrical and plumbing systems
- Tenant has right of first refusal to reoccupy unit after renovations
Landlord's Arguments
Arguments
Landlord argues repairs and renovations are necessary for safety and legal compliance.
Actions and Evidence
Landlord has already commenced renovations on several other units in the complex.
Procedural Errors
Landlord's witness was ill-prepared and not always forthcoming in testimony. Evidence presentation had significant gaps.
Tenant's Arguments
Arguments
Tenant's representative argued that the N13 Notice lacked sufficient detail required by law.
Actions and Evidence
Tenant reported electrical issues when using toaster and microwave simultaneously. Tenant is willing to move out temporarily for 'dangerous work' to be done.
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