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Eplco Realty Group Ltd. v Vuletic

Last updated: October 13, 2024

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Ordered by Candace Aboussafy,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: February 13, 2024
Unit ***, 200 Balliol St, Toronto, ON M4S1C6
Contested Dispute

Decision in favor of

Tenant

Notices Sent

Interfering with Others, Damage or Overcrowding (N5)Illegal Acts (N6)
ContentionLow

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Citation: Eplco Realty Group Ltd. v Vuletic, 2024 ONLTB 10867

File Number: LTB-L-035223-23

Timeline

Application Date

Apr 2023

10 months

Hearing Date

Jan 2024

14 days

Order Date

Feb 13, 2024

Decision

Landlord's application is dismissed. Landlord failed to prove grounds for termination of tenancy.

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Reason for Eviction Relief

Yelling and screaming related to Tenant's disability

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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.

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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
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Landlord's Arguments

Procedural Errors

Landlord failed to investigate source of marijuana smoke and excessive noise

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Tenant's Arguments

Actions and Evidence

Tenants had their dog off-leash with Landlord's consent.

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