Last updated: August 16, 2024
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Citation: Ecuhome Corp v. Darkwa, 2019 ONSC 3546
File Number: TSL-99731-18
Tenancy End Date
Dec 2018
Hearing Date
Jun 2019
Order Date
Jun 6, 2019
The Divisional Court dismissed the tenant's motion to be restored to possession of the rental unit. The court found that the tenant failed to meet the criteria for an interlocutory injunction, particularly in demonstrating a serious issue to be tried. Additionally, the court ruled it lacked jurisdiction to restore possession after a lawful eviction order had already been enforced.
Tenant appealed LTB orders dated November 23, 2018 and April 30, 2019 which terminated his tenancy due to an illegal act (assaulting another resident). Tenant sought to be restored to possession of the unit after being evicted.
Landlord argued that its obligation to ensure the safe occupation of other tenants should be considered in the balance of convenience.
Landlord took possession of the unit on Friday, May 24, 2019.
Tenant argued he was denied the opportunity to participate in the November 23, 2018 hearing and denied committing the alleged assault in September 2017.
Tenant became visibly irate and exclaimed that the representative did not speak for him. The Tenant left the hearing room abruptly.
Tenant left both the original LTB hearing and the review hearing before they concluded.
Tenant left both the original LTB hearing and the review hearing before they concluded.
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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.
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