Divisional Court Upholds Eviction: Abraham v. 5 Linwood Holdings, 2022 ONSC 354
Divisional Court upholds eviction order for tenant who threatened with machete and behaved aggressively
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Jan 19, 2022
Dispute Summary
The landlord served three notices to terminate the tenancy due to interference with reasonable enjoyment, illegal act, and serious impairment of safety. The Landlord and Tenant Board terminated the tenancy based on these grounds. The tenants appealed the Board's decision to the Divisional Court.
Determinations
- Board's notices of termination were valid
- Tenant committed an illegal act by threatening with a machete
- Tenants behaved aggressively towards other tenants and staff
- Tenants failed to pay the water bill
- Tenants' behavior substantially interfered with reasonable enjoyment
- Board's decision to terminate tenancy was reasonable
- No error in Board's consideration of s. 83(1) of RTA
Case Study
The Divisional Court found no errors of law in the Board's decision. The Court dismissed the tenants' constitutional argument as it was not raised at the Board hearing and no Notice of Constitutional Question was served. The Court also found that the Board's findings of fact and credibility assessments were reasonable based on the evidence presented.
Arguments and Actions
Landlord
Arguments
The landlord argued that the notices of termination were valid and signed by their agent. They presented evidence of the tenant's threatening behavior and failure to pay the water bill.
Actions
The landlord served three notices on the tenants: N5 for interference with reasonable enjoyment, N6 for an illegal act, and N7 for serious impairment of safety.
Tenant
Arguments
The tenants argued that section 75 of the Residential Tenancies Act, which allows termination of a tenancy for an illegal act without a criminal conviction, is unconstitutional. They also challenged the validity of the landlord's notices and the Board's treatment of evidence.
Actions
Tenant Melville Abraham threatened an employee of the landlord, Mr. Belrose, with a machete. The tenants behaved aggressively towards other tenants and the landlord's staff. They also failed to pay the water bill as required.
Procedural Errors
Tenants failed to raise the constitutional argument at the Board hearing and did not serve a Notice of Constitutional Question as required.
Aggravating Factors
Tenant threatened another person with a machete, behaved aggressively towards other tenants and staff, and failed to pay the water bill.
Decision Summary
The Divisional Court dismissed the tenants' appeal of the Landlord and Tenant Board's decision to terminate their tenancy. The Court found no errors of law in the Board's decision and upheld the eviction order, but stayed its execution until March 1, 2022.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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