Landlord Wins Assault Case: Cityhousing Hamilton v Amatucci 2022
Ancaster landlord allowed to terminate tenancy after tenant assaults neighbor
Summarized by RentZenLast updated: July 22, 2024
Case Summary
103, 109 Fiddler's Green Rd, Ancaster, ON L9G1W4
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2022
Hearing Date
Oct 2022
Order Date
Nov 16, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant committing an illegal act by assaulting another resident within the residential complex.
Determinations
- Landlord served valid N6 Notice
- No prior or subsequent incidents of similar nature
- Tenant assaulted another resident within the residential complex on January 13, 2022
- Tenant is a senior on ODSP and eviction would have a great impact on his physical and mental health
- Tenant is remorseful and he and the neighbour are friends with no hostility
- Tenant's conduct was an illegal act under the Residential Tenancies Act
Case Study
The Tenant's use of force was excessive, and there was no reason why the Tenant could not have gone back into his rental unit and contacted the Landlord or the Police instead of punching his neighbour in the head. Although the Tenant's neighbour was being aggressive, this does not warrant the Tenant's conduct and response to the situation.
Arguments and Actions
Landlord
Actions
Landlord received an email from the Tenant admitting to punching his neighbour. Landlord discussed the matter with the neighbouring tenant and Police, who confirmed the Tenant's actions. Landlord is concerned for the safety of all residents, including the victim of the incident who suffers from a brain injury.
Tenant
Arguments
Tenant argues he was provoked and acting in self-defense.
Actions
Tenant admits to punching his neighbour, but argues he was provoked and acting in self-defense. Tenant states he regrets his actions and that he and his neighbour have since made up and are friends.
Decision Summary
The tenancy between the Landlord and the Tenant continues if the Tenant refrains from engaging in conduct similar to the actions plead on the Landlord's N6 notice of termination. If the Tenant fails to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant shall pay the Landlord $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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