TCHC v MGL

Last updated: July 30, 2024

Order

Ordered by ,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: February 5, 2018
Contested Dispute

Decision in favor of

Landlord

Notices Sent

Illegal act (N6)Serious Impairment of Safety
ContentionExtreme

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Citation: TCHC v MGL, 2018 CanLII 42744 (ON LTB)

File Number: TEL-81766-17

Timeline

Application Date

Jun 2017

6 months

Hearing Date

Dec 2017

2 months

Order Date

Feb 5, 2018

11 days

Tenancy End Date

Feb 2018

Decision

The tenancy is terminated effective July 14, 2017. The Tenant must vacate the unit by February 16, 2018. The Tenant must pay the Landlord $998.92, which includes compensation for use of the unit and the application filing fee. If the Tenant does not pay by February 16, 2018, the Landlord may file the order with the Sheriff for enforcement.

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Dispute

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's involvement in an illegal act (robbery and assault) and for seriously impairing the safety of others in the residential complex.

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Determinations

  • Landlord served valid N6 Notice for illegal act
  • Video evidence and witness testimony showed Tenant's involvement in robbery and assault
  • Tenant's testimony was not credible
  • Landlord proved illegal act on balance of probabilities
  • Termination of tenancy granted based on N6 notice
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Landlord's Arguments

Considerations

The Landlord argued the situation warrants immediate action as it was a planned illegal act that compromised the safety of other tenants.

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Tenant's Arguments

Arguments

The Tenant argued the notice was defective and requested an adjournment, but both were denied by the Board.

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Actions and Evidence

The Tenant denied involvement in the incident and claimed his criminal proceedings were won, but his testimony was found not credible.

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Considerations

The Tenant was charged with Robbery and Conspiracy to Commit an Indictable Offence.

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