Casimnir v Tindall
Last updated: September 12, 2024
Order
Ordered by Richard Ferriss,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Agree with the ruling?
Citation: Casimnir v Tindall, 2023 ONLTB 33367
File Number: LTB-L-014923-23
Timeline
Hearing Date
Apr 2023
Order Date
May 2, 2023
Decision
The tenancy between the Landlord and the Tenant continues if the Tenant meets the conditions set out in the order. The Tenant shall not impair the safety of any person in the residential complex. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
EM's goading of the Tenant is a mitigating factor warranting relief from eviction
Dispute
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.
Determinations
- Landlord served valid N7 Notice
- Tenant seriously impaired the safety of EM by yelling and banging on EM's door and by chasing EM off the residential complex
- Insufficient evidence to find that the Tenant broke down EM's door
- EM's goading of the Tenant is a mitigating factor warranting relief from eviction
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant testified that EM repeatedly played loud music, intentionally banged on the floor of Tenant's unit, ripped the thermostat from the wall resulting in loss of heat, and shut off the electricity to Tenant's rental unit. Tenant said he was yelling and banging on EM's door to get EM to restore the heat and electricity to Tenant's rental unit.
Actions and Evidence
Tenant banged loudly on EM's door with what sounded like a baseball bat, and chased EM down the street.
Similar Cases
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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.
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Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
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.
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
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.
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
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.
Smith v Lee
An LTB order awards a Landlord unpaid water charges and filing fees after the Tenant vacates the rental unit.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Old Oak Properties Inc. v Last
The Landlord established substantial interference due to excessive communications, but relief from eviction was granted allowing the tenancy to continue on conditions.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Savannah Land Corporation v Dickerson
The LTB granted relief from eviction and allowed the tenancy to continue on strict conditions after finding the tenant substantially interfered with a neighbor's enjoyment by encroaching on shared space.
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