Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Bordieri v Bordieri, 2024 ONLTB 87134
File Number: LTB-L-025312-24
Application Date
Mar 2024
Hearing Date
Nov 2024
Order Date
Dec 23, 2024
The Landlord's application is dismissed as the Landlord failed to prove the grounds for termination of the tenancy. The evidence shows this is a civil dispute between siblings over power of attorney and care of their mother, the Landlord, and the Tenant did not seriously impair the Landlord's safety or substantially interfere with the Landlord's enjoyment of the property.
Landlord applied to terminate the tenancy and evict the Tenants due to allegations of the Tenant, another occupant or a person the Tenant permitted in the residential complex seriously impairing the safety of any person and substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord in a building that has three or fewer residential units and the Landlord resides in the building.
Landlord submitted that the Tenant (PB) has seriously impaired her safety and substantially interfered with her enjoyment of the property.
Landlord testified that she does not have dementia and willingly signed the power of attorney to her son and other daughter. She described the Tenant (PB) as having 'a problem with everyone' and being 'ill'.
Tenant (PB) submitted that her mother, the Landlord, has dementia and was coerced by her son (JNB) into filing the application. She is scared for her own safety as her brother (JNB) is violent and continues to make false accusations against her and her family.
Tenant (PB) testified that the application is based on false information and lies. She has resided on the upper floor of the Landlord's home with her son and husband for 20 years. She is in dispute with her siblings over the Landlord's power of attorney and family home.
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