Landlord Wins Eviction Case After Tenant's Dog Attacks Neighbor's Dog: Auburn Terraces Ltd. v McCrae 2022
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 239 Auburn Dr, Waterloo, ON
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2022
Hearing Date
Oct 2022
Order Date
Oct 24, 2022
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to the Tenant's dog attacking and seriously injuring another tenant's dog, which occurred on the residential property.
Determinations
- Considering all circumstances, relief from eviction granted subject to conditions
- Landlord served valid N7 Notice
- Tenant failed to maintain dog on leash as previously warned by Landlord
- Tenant's actions seriously impaired the safety of another tenant and her dog
- Tenant's dog attacked and seriously injured another tenant's dog on the residential property
Case Study
The Landlord has proven the grounds for termination of the tenancy, but the Tribunal has granted relief from eviction subject to the condition that the Tenant's dog must be leashed and muzzled at all times when outside the Tenant's unit and in the residential complex for 24 months.
Arguments and Actions
Tenant
Arguments
Tenant argued the incident was unusual, as he was trying to secure his infant daughter in the car and the dog was not generally aggressive or problematic.
Actions
Tenant's dog attacked and seriously injured another tenant's dog, causing the other dog to require medical attention. Tenant had previously been warned by Landlord to keep dog on leash.
Decision Summary
The tenancy continues subject to the condition that the Tenant's dog must be leashed and muzzled at all times when outside the Tenant's unit and in the residential complex for 24 months. The Tenant must pay the Landlord $186 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
18
Landlord Favorable
94.4%
Tenant Favorable
5.6%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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