Furr v. Courtland Mews: Eviction Upheld for Safety Concerns
Divisional Court upholds eviction of co-op tenant for seriously impairing safety of property manager through harassment and threatening behavior
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Feb 2020
Order Date
Mar 9, 2020
Dispute Summary
The landlord (Courtland Mews Cooperative Housing Inc.) applied to evict the tenant (Tom Furr) due to conduct that seriously impaired the safety of the property manager. The Landlord and Tenant Board ordered the eviction, which the tenant appealed to the Divisional Court.
Determinations
- The LTB correctly applied the legal test for 'serious impairment of safety'
- There was no palpable and overriding error in the LTB's factual findings
- The tenant's conduct seriously impaired the safety of the property manager
- The LTB's decision to order eviction was reasonable
Case Study
The court found no error in the LTB's application of the legal test for 'serious impairment of safety' under s. 94.2(1) of the Residential Tenancies Act. The court also found no palpable and overriding error in the LTB's factual findings.
Arguments and Actions
Landlord
Arguments
Landlord argued that tenant's conduct seriously impaired the safety of the property manager and other staff.
Actions
Landlord issued trespass notice prohibiting tenant from attending meetings, served notice to appear for termination of rights, and applied to LTB for eviction.
Tenant
Arguments
Tenant argued that verbal harassment and threats alone do not constitute serious impairment of safety, and that a clear intention to act on threats must be shown.
Actions
Tenant engaged in verbal altercations with property manager, 'laid siege' to the Co-op office, repeatedly rang doorbell and yelled, watched and recorded property manager's movements, and made threatening gestures.
Aggravating Factors
Multiple incidents of harassment and threatening behavior towards property manager over an extended period
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB's eviction order. The court found no error in the LTB's application of the legal test for 'serious impairment of safety' and no palpable and overriding error in the factual findings. The tenant was given 30 days to vacate the unit.
Adjudicator Details
Divisional Court
Total Orders
5
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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