EPMI v AR
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: EPMI v AR, 2015 CanLII 25682
File Number: TSL-55780-14
Timeline
Application Date
Oct 2014
Hearing Date
Feb 2015
Order Date
Apr 9, 2015
Tenancy End Date
Apr 2015
Decision
The tenancy is terminated effective April 14, 2015. The Tenant must vacate the unit by that date and pay the Landlord $10,730.84, which includes rent arrears, compensation for use of the unit, and the application filing fee. If the Tenant does not pay the full amount by April 14, 2015, she will owe interest starting April 15, 2015. If the unit is not vacated by April 14, 2015, the Landlord may file the order with the Sheriff for enforcement.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant seriously impairing the safety of a person. The Tenant was charged with assault and obstruction of justice.
Determinations
- Tenant's actions seriously impaired the safety of the superintendent
- Tenant was charged with assault and obstruction of justice
- Tenant's request for adjournment denied
- Tenant's request to clear the hearing denied
Landlord's Arguments
Arguments
Landlord opposed any relief from forfeiture, citing the Tenant's actions and non-payment of rent since September 2014.
Tenant's Arguments
Arguments
Tenant requested a 4-month delay in eviction to allow her 8-year-old child to finish the school year in the area.
Actions and Evidence
Tenant reached into the superintendent's car window and grabbed him around the throat, causing scratch marks and blood on his neck and face.
Procedural Errors
Tenant's request for summonses was denied for not being filed promptly.
Considerations
Tenant was charged with assault and obstruction of justice
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