Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: Faryna v Todaro, 2021 CanLII 129810
File Number: TSL-10316-19
Hearing Date
Nov 2019
Order Date
Sep 22, 2021
The Landlord's application was dismissed because the Landlord did not provide any admissible evidence to prove that the Tenant had smoked in the residential complex, as alleged. The Landlord's evidence was based on hearsay, which was found to be inadmissible.
Landlord applied to terminate the tenancy and evict the Tenant because the Tenant failed to meet a condition specified in a previous order issued by the Board, which prohibited the Tenant from smoking inside the rental unit or the residential complex.
The Landlord relied on affidavits from other residents and her own testimony that those residents made complaints to her about the Tenant's smoking.
The Tenant denies smoking in the residential complex.
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