Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Atlantis Realty Services Inc. v Norton, 2024 ONLTB 66350
File Number: LTB-L-055972-24
Hearing Date
Aug 2024
Order Date
Sep 9, 2024
The Landlord's application is dismissed. The Landlord has not proven on a balance of probabilities the grounds for termination of the tenancy and/or the claim for compensation in the application.
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person and the act or omission occurred in the residential complex.
The Landlord's Agent claims she spoke with the Tenant a couple of days before July 8, 2024 about suds coming out of his plumbing fixtures. She claims she told him they would be coming to investigate the issue on July 8, 2024. She claims the Tenant let them into the unit, and when the contractor started to investigate the plumbing, the Tenant pushed him away, ripped the soap from his hands, and verbally abused them. She also claims the Tenant body checked her when she went to the bathroom to put soap in the toilet.
The Landlord did not provide the Tenant with the required 24-hour written notice before entering the rental unit.
The Tenant claims he was at the door putting on boots when he heard people in the hall. He then saw someone put a key in the door which then opened. He was then knocked from the chair used to put on his boots. The Landlord's Agent went to the kitchen. He followed and asked what she was there for. He then removed the bottle of soap from her hands. He claims he was fearful and told her to leave, which she did.
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