Last updated: July 26, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Parkwood Apartments JV v Dogovic, 2021 CanLII 145517
File Number: CEL-99345-21
Application Date
Mar 2021
Hearing Date
Aug 2021
Order Date
Nov 8, 2021
The Landlord's application is dismissed. The Landlord failed to provide sufficient evidence to prove the Tenant wilfully caused damage to the elevator, and the circumstances weighed in favor of granting relief from eviction.
Landlord applied to terminate the tenancy and evict the Tenant due to allegations that the Tenant wilfully caused damage to the residential complex elevator, resulting in it being out of operation for over a month, and that this substantially interfered with the reasonable enjoyment of the other tenants. The Landlord also alleged the Tenant committed an illegal act and seriously impaired the safety of others.
Landlord argued the Tenant's letter proposing to pay for the repairs was an admission of guilt.
Landlord's superintendent testified about past confrontational interactions with the Tenant.
Tenant argued the Landlord's allegations were not proven on a balance of probabilities.
Tenant testified she was holding her keys, not glue, when entering the elevator on March 4, 2021.
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Damages
$14,520
Click to switch between order outcomes
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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