Last updated: August 16, 2024
Decision in favor of
Landlord
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Citation: Abraham v. 5 Linwood Holdings, 2022 ONSC 354
File Number: SWL-52700-21
Hearing Date
Jan 2022
Order Date
Jan 19, 2022
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.
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.
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.
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.
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.
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.
Tenants failed to raise the constitutional argument at the Board hearing and did not serve a Notice of Constitutional Question as required.
Tenant threatened another person with a machete, behaved aggressively towards other tenants and staff, and failed to pay the water bill.
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