Cannon Street Holdings Inc. v Pettitt
Last updated: January 12, 2025
Order
Ordered by Kate Sinipostolova,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Cannon Street Holdings Inc. v Pettitt, 2024 ONLTB 64524
File Number: LTB-L-099729-23
Timeline
Application Date
Dec 2023
Hearing Date
Jul 2024
Order Date
Oct 21, 2024
Tenancy End Date
Jan 2025
Decision
The Landlord's application is granted. The tenancy is terminated effective January 31, 2025 to allow the Landlord to complete major renovations to the rental unit. The Tenants have the right to move back into the unit when the work is completed at the same rent. The Landlord must compensate the Tenants 3 months' rent, and the Tenants must pay compensation for use of the unit from May 1 to the move-out date.
Reason for Eviction Relief
Potential hardship to Tenants outweighs prejudice to Landlord
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to the need for major repairs and renovations to the rental unit. The Landlord claims vacant possession is required to complete the extensive work, which includes removing load-bearing walls, significant plumbing changes, replacing flooring, and asbestos remediation.
Determinations
- Landlord served valid N13 Notice
- Renovations require vacant possession
- Renovations are extensive and require permit
- Renovations have already started in other units
- Tenants have right of first refusal to return
Landlord's Arguments
Procedural Errors
Landlord failed to disclose previous N13 notices served by Rise Property Solutions Inc.
Tenant's Arguments
Arguments
Tenants argued Landlord failed to disclose previous N13 notices served by Rise Property Solutions Inc., which should invalidate the application.
Actions and Evidence
Tenant Evan Pettitt receives ODSP and has difficulty finding affordable housing due to physical disability. Tenant Shelby Perrie has two children who visit during holidays.
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Similar Cases
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Cannon Street Holdings Inc. v Burgess
LTB allows landlord to evict tenant for major renovations, orders tenant to vacate by January 2025.
Cannon Street Holdings Inc. v Burgess
LTB allows landlord to evict tenant for major renovations, orders tenant to vacate by January 2025.
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