Landlord Wins Eviction Case: Somal and Aujla v Horwath 2021
Landlords successfully evict tenant in Brampton for personal use, despite tenant's COVID-19 arguments
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 32 Madoc Drive, Brampton, ON L6V1Z9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2020
Hearing Date
Apr 2021
Order Date
May 19, 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant because the Landlords require possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlords served valid N12 Notice
- Landlords require possession of the rental unit for the purpose of residential occupation
- Tenant had enough time to find a new place to live since June 30, 2020
Case Study
The Tenant's request for review argues that the Member erred by failing to consider the exceptional circumstances of the current COVID-19 pandemic which precluded the Tenant from looking for a new place to live. However, the Member is entitled to considerable deference in exercising their discretion, and there is nothing in the record or in the request for review to support a determination that the Member's exercise of discretion was unreasonable. The Tenant's failure to present some of the evidence at the hearing is not a ground for review.
Arguments and Actions
Tenant
Arguments
The Tenant alleges that the Order contains two serious errors: 1) the Order "did not include a remedy that was appropriate in the circumstances", and 2) "The decision in the Order was affected by information that was misleading or incorrect".
Actions
The Tenant argues that he was unable to look for a new place to live due to the COVID-19 pandemic.
Decision Summary
The request to review order CEL-95874-20 issued on April 26, 2021 is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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