Tenants Win Motion to Set Aside Eviction Order: Brown v Gauthier 2024
LTB overturns eviction order for tenants with cognitive impairments who did not understand termination agreement
Summarized by RentZenLast updated: October 13, 2024
Case Summary
43 Newbury Dr, Newmarket, ON L3Y4P9
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2024
Hearing Date
Jun 2024
Order Date
Aug 22, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants filed a motion to set aside the order that was issued without a hearing.
Determinations
- Parties signed N11 agreement to terminate tenancy
- Tenants did not understand the N11 agreement
- No meeting of the minds, agreement is invalid
- Tenants have cognitive impairments affecting comprehension
Arguments and Actions
Tenant
Actions
Tenants did not understand the N11 agreement they signed, thought it was a new lease
Decision Summary
The Tenants' motion to set aside the previous eviction order is granted. The Tenants did not understand the N11 agreement they signed, and there was no meeting of the minds, so the agreement is invalid and cannot be enforced.
Reason for Eviction Relief
Tenants did not understand the N11 agreement they signed
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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