Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Diaz v. Kubinec, 2020 ONSC 3706
File Number: CV-20-641824
Hearing Date
Jun 2020
Order Date
Jun 12, 2020
Tenancy End Date
Jun 2020
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.
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.
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.
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 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.
Tenant failed to file any responding evidence by the court-ordered deadline and did not appear at the hearing.
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.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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