Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: OSGOODE PROPERTIES LTD v Melo, 2023 ONLTB 17273
File Number: LTB-L-076223-22/EAL-99369-22-SA and LTB-L-076162-22/ EAL-98203-21-RV
Hearing Date
Nov 2022
Order Date
Jan 27, 2023
The Board set aside the previous order and cancelled the eviction order. The Tenant is given until February 26, 2023, to provide proof of liability insurance to the Landlord. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy within 30 days of the breach.
Landlord applied to terminate tenancy and evict Tenant for failing to meet conditions specified in a previous order and for substantial interference. Tenant filed a motion to set aside the previous order and requested a review of another order. The Board granted the review and set aside, allowing the Tenant another opportunity to provide proof of insurance.
Landlord argued that they had no knowledge of the extent of Tenant's disability or lack of phone, and that the original hearing was conducted properly.
Landlord applied for eviction based on Tenant's failure to provide proof of insurance. Landlord obtained insurance on Tenant's behalf since July 2022.
Tenant argued that the Landlord should have informed the Board about the Tenant's mental health issues when he didn't appear for the hearing.
Tenant failed to provide proof of insurance as required by the lease. Tenant missed the original hearing due to mental health issues.
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