Udaskin v Lewis
Last updated: July 22, 2024
Order
Ordered by Douglas Wilkins,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Udaskin v Lewis, 2022 CanLII 128604
File Number: SWL-55568-21
Timeline
Hearing Date
Nov 2021
Order Date
Feb 22, 2022
Tenancy End Date
Feb 2022
Decision
The tenancy is terminated and the Tenant must vacate by February 27, 2022. The Tenant is ordered to pay $1,173.84 for property damage, $3,025.64 for compensation of unit use, and $186.00 for application filing costs. If the Tenant does not vacate by the specified date, the Landlords may file for eviction enforcement.
Dispute
Landlords applied for an order to terminate the tenancy and evict Tenant due to serious impairment of safety and willful damage to the premises. The Landlords also sought compensation for damages.
Determinations
- Landlord incurred reasonable repair costs
- Landlord issued valid N7 notice
- Tenant assaulted superintendent
- Tenant caused undue damage to property
- Tenant damaged fire alarm and threw garbage at fire responders
- Tenant's actions seriously impaired safety
Landlord's Arguments
Arguments
Landlord argued that Tenant's actions seriously impaired safety and caused undue damage to the property.
Actions and Evidence
Landlord complied with Electrical Safety Authority orders by repairing damage caused by Tenant.
Tenant's Arguments
Actions and Evidence
Tenant damaged fire alarm, threw garbage at fire responders, assaulted superintendent, removed light receptacles, broke switches, removed smoke detector, and damaged exterior door.
Procedural Errors
Tenant did not attend the hearing
Considerations
Continued disruptive behavior and property damage after N7 notice was issued
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