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A******* Village Non-Profit Homes v Hamidi

Last updated: June 3, 2025

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Order

Ordered by Diane Wade,Tribunals Ontario  under Section 78, Residential Tenancies Act, 2006

Order Date: March 4, 2025
Unit ***, 1172 Old Mohawk Rd, Ancaster, ON L9K1K2
Contested Dispute
Review Order
Motion to Set Aside

Decision in favor of

Tenant

Previous Order

Overturned

Dispute Categories

Subsections of RTA Quoted

ContentionHigh

Agree with the ruling?

Citation: A******* Village Non-Profit Homes v Hamidi, 2025 ONLTB 16035

File Number: LTB-L-078403-24-SA

Timeline

Hearing Date

Dec 2024

3 months

Order Date

Mar 4, 2025

Decision

The Tenant's motion to set aside the previous order is granted. The previous order issued on July 8, 2024 is put back in place.

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Reason for Eviction Relief

The Tenant's version of events is more likely

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Dispute

Landlord applied for an order to terminate the tenancy and evict Tenant due to breach of a previous order. The previous order required the Tenant to comply with certain conditions regarding their dog. The Tenant filed a motion to set aside the order.

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Determinations

  • There was a breach of the previous order
  • The Tenant failed to comply with conditions in the previous order regarding their dog
  • The Tenant's version of events is more likely
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Landlord's Arguments

Arguments

The Landlord's Legal Representative submitted the Landlord is seeking eviction; the Tenant is not willing to remove Shadow from the premises, indicating she would rather move than do this, therefore, others will remain in danger because of this animal that can remove his muzzle if the Tenant is permitted to stay.

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Actions and Evidence

The Landlord's Agent testified that she received an email from the neighbor on September 23, 2024, regarding the August 29, 2024 incident where the neighbor's husband was bitten by the Tenant's dog and the Tenant had not been holding the dog's leash. The Landlord's Agent also stated that other residents have expressed being fearful of the Tenant's dogs.

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Tenant's Arguments

Arguments

The Tenant requested the set aside be granted and she be given another chance to abide by the rules imposed by the original order. The Tenant submitted there have not been any further incidents with the dogs, she just wants to live peacefully and continue abiding by the agreement she made with the Landlord and the neighbor. The Tenant also stated that keeping Shadow is very important to her because she moved into the complex after a domestic violence incident and got Shadow to help her feel safe and for protection.

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Actions and Evidence

The Tenant testified that the incident occurred when the Tenant's dog Shadow attacked the neighbor's dog Layla after the neighbor's dog Layla barked aggressively at the Tenant. The Tenant stated that she had an agreement with the neighbor to walk her dogs around the neighbor's unit by going through the forest, but on one occasion the forest was flooded and she had to walk by the neighbor's unit, which led to the neighbor texting her and saying she was being disrespectful.

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