Tenant Wins Motion to Set Aside Eviction Order in Ottawa: Ottawa Community Housing Corp v Mercer 2021

Dispute

Determinations

The Tenant denied breaching the November 5, 2020 conditional Board order.
The Landlord did not prove, on a balance of probabilities, that the Tenant failed to meet a condition in the November 5, 2020 Board order by falsely activating fire alarms at the residential complex on June 19, 2021.
The Landlord did not have reliable evidence to determine, on a balance of probabilities, that the Tenant activated fire alarms on June 19, 2021.
The hearsay evidence from the Landlord's witness about a fire inspector's purported conversation with the Tenant was unreliable.
The redacted letter from a purported witness was of negligible probative value as the author was not available for cross-examination.
The Landlord therefore did not prove, on a balance of probabilities, that the Tenant breached the November 5, 2020 conditional Board order.
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