Court Enforces Eviction During COVID-19: Diaz v. Kubinec, 2020 ONSC 3706
Court enforces eviction during COVID-19 pandemic due to tenant's dangerous marijuana smoking and threats
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jun 2020
Order Date
Jun 12, 2020
Tenancy End Date
Jun 2020
Dispute Summary
Landlord sought enforcement of an eviction order issued by the Landlord and Tenant Board due to the tenant's repeated smoking of marijuana in the rental unit, which posed serious health and safety risks to the landlord and other occupants of the house.
Determinations
- Tenant repeatedly smoked marijuana in the rental unit
- Smoking posed serious health and safety risks to landlord and others
- Landlord and Tenant Board issued an eviction order
- Court found the eviction order should be enforced despite the COVID-19 pandemic
Case Study
The court considered the balance between the public health risk of evicting tenants during the COVID-19 pandemic and the immediate health and safety risks posed by the tenant's actions. The court found that the tenant's continued violation of the smoking prohibition, which created safety concerns due to the presence of oxygen tanks and the landlord's compromised health, outweighed the risks associated with eviction during the pandemic.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenant's actions posed an immediate risk to the health and safety of the landlord and other occupants, justifying the enforcement of the eviction order despite the COVID-19 pandemic.
Actions
Landlord has a compromised immune system and is a cancer survivor. Landlord's late husband was taken to hospital on April 4, 2020, after suffering a severe asthma attack when smoke was prevalent in the house.
Tenant
Actions
Tenant repeatedly smoked marijuana in his room in the basement, violating the strict prohibition on smoking. Tenant threatened to 'bone' another tenant with an axe. Tenant deliberately left the house unlocked when going out.
Procedural Errors
Tenant failed to file any responding evidence by the court-ordered deadline and did not appear at the hearing.
Aggravating Factors
Tenant continued to smoke marijuana in the rental unit despite strict prohibition, posing serious health and safety risks. Tenant also threatened another tenant and deliberately left the house unlocked.
Decision Summary
The court granted the application to enforce the Landlord and Tenant Board's eviction order, effective June 17, 2020 at 2 PM, unless the tenant made further submissions before that time. The court found that the immediate health and safety risks to the landlord and other occupants outweighed the public health concerns of eviction during the COVID-19 pandemic.
Adjudicator Details
Superior Court of Justice
Total Orders
3
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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