EIWO Canadian Management Ltd. v Liddycoat - Landlord Wins Eviction Case for Breach of Conditions

Dispute Summary

The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant failed to meet a condition specified in the order issued by the Board on December 15, 2023 with respect to application LTB-L006007-22. The Tenant was ordered to refrain from yelling, screaming, banging and stomping, but the Landlord reported incidents on January 5 and January 6, 2024 where the Tenant continued this behavior.

Determinations

• The order provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain conditions in the order.
• At a hearing on December 15, 2023, the Tenant consented to an order where he would refrain from yelling, screaming, banging and stomping.
• The Tenant acknowledged he breached the conditions of the order but blamed the behaviour on mixing alcohol with his medications.
• The Landlord's representative points to incidents that were reported on January 5 and January 6, 2024.
• Witnesses testified that the Tenant's behaviour is ongoing, scary, and threatens other tenants.
• The Landlord submitted videos showing the yelling coming from the Tenant's unit.
• The application was filed within 30 days of the breach.
• The Tenant's behaviour is consistent and has continued throughout the tenancy. The Tenant has promised to stop this behaviour on multiple occasions, yet the behaviour continues.
• The Tenant's own testimony that he stopped the behaviour after New Year's when he stopped drinking is challenged by the reports of incidents on January 5th and 6th.
• The Tenant's behaviour is substantially interfering with the reasonable enjoyment of other tenants.
• It would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act.

Arguments and Actions