Perth and Stratford Housing Corporation v Grieve - LTB Case Study
LTB grants conditional relief to tenant who assaulted police officer, landlord awarded application fee
Summarized by RentZenLast updated: November 3, 2024
Case Summary
109 Queen St E, Listowel, ON N4W2S4
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Mar 2024
Order Date
Apr 15, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant or another occupant of the rental unit has committed an illegal act or has carried out, or permitted someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex. The Landlord alleged that the Tenant assaulted a police officer in the residential complex on May 4, 2023.
Determinations
- Tenant was in possession of the rental unit on the date the application was filed
- Landlord gave the Tenant an N6 notice of termination on June 27, 2023
- Tenant assaulted a police officer in the residential complex on May 4, 2023
- Assault on a police officer is an illegal act contrary to subsection 270(1)(b) of the Criminal Code
- Assault was not a particularly violent one and appears to have been an isolated incident
- Termination of tenancy and eviction is a remedy of last resort
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy, but it is not unfair in all the circumstances to grant relief from eviction, subject to conditions.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant committed an illegal act by assaulting a police officer, and sought termination of the tenancy and eviction
Tenant
Actions
Tenant pushed a police officer when the officer was trying to execute an arrest warrant on May 4, 2023
Decision Summary
The tenancy between the Landlord and the Tenant continues if the Tenant meets the conditions set out in the order. The Tenant shall not assault any person in the residential complex, and shall not permit any person living with or visiting her to assault any person in the residential complex for a period of 12 months beginning on April 20, 2024. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant shall pay the Landlord $186.00 for the cost of filing the application.
Reason for Eviction Relief
The assault was not a particularly violent one and appears to have been an isolated incident
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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