TCHC v D N
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: TCHC v D N, 2016 CanLII 96229 (ON LTB)
File Number: TNL-81455-16-RV
Timeline
Order Date
Dec 29, 2016
Decision
The request to review order TNL-81455-16 issued on October 28, 2016, is denied. The order is confirmed and remains unchanged.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another 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 involving the production of an illegal drug, the trafficking in an illegal drug or the possession of an illegal drug for the purposes of trafficking; and because the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person.
Determinations
- Notices of termination provided sufficient particulars
- Member's findings supported by evidence
- No error in Member's interpretation of the law
- Hearsay evidence properly considered
- Member not required to issue conditional order
Landlord's Arguments
Tenant's Arguments
Arguments
The Tenant submits that the Board failed to rule on the sufficiency of the notices of termination, bringing into question its jurisdiction to determine the issues in the application. The Tenant further submits that the Member erred in her interpretation and application of the legal tests for determining whether an illegal act has been committed or the safety of any person has been impaired. The Tenant also contends that the Member relied on hearsay evidence that did not have the indicia of reliability and that, by noting that the Tenant did not contradict the hearsay evidence, the Member reversed the onus on proof. Finally, the Tenant submits that the Member erred in not issuing a conditional order maintaining the tenancy, provided the Tenant did not permit her son access to the unit or complex.
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