GILL v BONAR: Termination Agreement Dispute in Ingersoll, ON
Ingersoll tenants evicted for breaching termination agreement, owe $7500 in rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
25 Chamberlain Avenue, Ingersoll, ON N5C0C6
Decision in favor of
landlord
Balance Owed to Landlord
$7,500
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2022
Hearing Date
Oct 2022
Order Date
Oct 25, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy based on an N11 agreement signed by the Tenants. Tenant 2 filed a motion to set aside the original order, claiming he was intimidated into signing the agreement. The Board denied the motion to set aside the original order.
Determinations
- It would be unfair to set aside the original order
- Landlord's testimony was consistent
- Tenant 1 has not resided in the unit since February 2022
- Tenant 1 voluntarily signed the N11 agreement
- Tenant 2 is $7,500.00 in arrears of rent
- Tenant 2's testimony about intimidation was not credible
Case Study
The Board found that the Landlord did not intimidate Tenant 2 into signing the N11 agreement. Tenant 1's testimony corroborated the Landlord's version of events, and Tenant 2's claims were found to be inconsistent and less credible. To overturn this decision, Tenant 2 would need to provide concrete evidence of intimidation or coercion when signing the N11 agreement.
Arguments and Actions
Landlord
Arguments
The Landlord maintained that the N11 agreement was signed voluntarily and without coercion.
Actions
The Landlord testified that Tenant 2 requested a new tenancy agreement because Tenant 1 had left. The Landlord conducted a financial check which showed Tenant 2 could not afford to live in the unit.
Tenant
Arguments
Tenant 2 argued that he felt pressured and intimidated into signing the N11 agreement to terminate the tenancy.
Actions
Tenant 2 has not paid rent since July 2022 and is $7,500.00 in arrears of rent. Tenant 2 claimed he was intimidated into signing the N11 agreement, stating 'the Landlord stood over him yelling at him with a dagger.'
Decision Summary
The Board denied Tenant 2's motion to set aside the original order LTB-L-043653-22. The stay on the original order was lifted immediately, and the original order remains unchanged. This effectively upholds the termination of the tenancy based on the N11 agreement signed by both Tenants.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$2,500
Rent Arrears
$7,500
Total Owing
$7,500 (Owed to Landlord)
Source
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