Eplco Realty Group Ltd. v Vuletic
Last updated: October 13, 2024
Order
Ordered by Candace Aboussafy,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Eplco Realty Group Ltd. v Vuletic, 2024 ONLTB 10867
File Number: LTB-L-035223-23
Timeline
Application Date
Apr 2023
Hearing Date
Jan 2024
Order Date
Feb 13, 2024
Decision
Landlord's application is dismissed. Landlord failed to prove grounds for termination of tenancy.
Reason for Eviction Relief
Yelling and screaming related to Tenant's disability
Dispute
Landlord applied to terminate the tenancy and evict the Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and for committing an illegal act.
Determinations
- Landlord has not proven grounds for termination of tenancy
- Tenants had consent from Landlord to have dog off-leash
- Landlord failed to investigate source of marijuana smoke
- Landlord failed to investigate source of excessive noise
- Yelling and screaming related to Tenant's disability
Landlord's Arguments
Procedural Errors
Landlord failed to investigate source of marijuana smoke and excessive noise
Tenant's Arguments
Actions and Evidence
Tenants had their dog off-leash with Landlord's consent.
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Algoma District Services Administration Board v Martel
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Downey-Thomas v Lacson
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Toronto Community Housing Corporation v Palacios
The LTB found that an unauthorized occupant committed illegal acts and impaired safety at the residential complex, but granted the Tenant conditional relief from eviction.
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
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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.
Toronto Community Housing Corporation v Palacios
The LTB found that an unauthorized occupant committed illegal acts and impaired safety at the residential complex, but granted the Tenant conditional relief from eviction.
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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