A******* Village Non-Profit Homes v Hamidi
Last updated: June 3, 2025
Order
Ordered by Diane Wade,Tribunals Ontario under Section 78, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Previous Order
Overturned
Dispute Categories
Subsections of RTA Quoted
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
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.
Reason for Eviction Relief
The Tenant's version of events is more likely
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.
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
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.
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.
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.
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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Singh and Thind Holding Inc. v Boyd
The Landlord and Tenant Board dismissed a tenant's review request seeking to overturn a consent termination order, ruling that the consent was valid and no procedural errors occurred.
Algoma District Services Administration Board v Martel
The LTB issued an ex parte order terminating a tenancy and ordering eviction after the tenant breached the conditions of a previous order.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
C*** Manor v Kabeya
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached conditions in a previous order.
Singh and Thind Holding Inc. v Boyd
The Landlord and Tenant Board dismissed a tenant's review request seeking to overturn a consent termination order, ruling that the consent was valid and no procedural errors occurred.
Algoma District Services Administration Board v Martel
The LTB issued an ex parte order terminating a tenancy and ordering eviction after the tenant breached the conditions of a previous order.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
C*** Manor v Kabeya
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached conditions in a previous order.
Singh and Thind Holding Inc. v Boyd
The Landlord and Tenant Board dismissed a tenant's review request seeking to overturn a consent termination order, ruling that the consent was valid and no procedural errors occurred.
Algoma District Services Administration Board v Martel
The LTB issued an ex parte order terminating a tenancy and ordering eviction after the tenant breached the conditions of a previous order.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
London and Middlesex Community Housing v Leese
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached payment conditions from a prior order.
Matrix Non-Profit Housing Corporation v Westell
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Equiton Residential Income Fund LP v Sadeghikia
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