Tenant Wins Eviction Defense: Asare v Clapp 2024 LTB Case
Tenant with cancer successfully prevents eviction by demonstrating potential medical treatment disruption
Summarized by RentZenLast updated: November 14, 2024
Case Summary
16550 7th Concession, King City, ON L7B0E4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Jul 2024
Order Date
Sep 9, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant for personal use, claiming good faith requirement to occupy the rental unit for at least one year due to marital issues.
Determinations
- Landlord proved good faith intention to occupy unit
- Tenant diagnosed with metastasized cancer
- Tenant undergoing radiation treatment
- Landlord owns multiple properties
- Relief from eviction granted
Case Study
The Board considered the good faith requirement and the Tenant's medical circumstances in deciding whether to grant relief from eviction.
Arguments and Actions
Landlord
Arguments
Landlord requires the rental unit for personal occupation in good faith
Actions
Landlord claims to be experiencing marital issues and needs a stable home for himself and children
Tenant
Arguments
Eviction would disrupt ongoing medical treatment and potentially force relocation away from current care team
Actions
Tenant is undergoing cancer treatment, has metastasized cancer, and will require extensive radiation therapy and recovery
Decision Summary
Despite Landlord proving good faith for personal use, the Board denied eviction due to Tenant's ongoing cancer treatment and potential significant disruption to medical care.
Reason for Eviction Relief
Tenant's ongoing cancer treatment and potential disruption to medical care
Adjudicator Details
LTB Member
Total Orders
35
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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