Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Guillaume v. Barney Rivers Investments Ltd., 2022 ONSC 271
File Number: 908/21
Hearing Date
Jan 2022
Order Date
Jan 12, 2022
The court denied the tenant's request to occupy the rental unit pending appeal but ordered the landlord not to re-rent the premises until the appeal is heard. The appeal will be expedited. No costs were awarded due to divided success on the motion.
Tenant appealed LTB decision dismissing her application about being wrongly locked out. LTB found she was not a tenant of the rental unit. Tenant sought interim relief to live in the unit or stay the LTB decision pending appeal.
Landlord argued that the tenant was a roommate, not a tenant, and that they were unaware of an 'authorized occupant' for whom they would be obliged to make an application to the LTB of an unauthorized assignment of the lease.
Landlord changed the locks after finding the unit mostly empty except for several cats. They ensured the cats were given shelter.
Tenant relied on s. 104(4)(b) of the Residential Tenancies Act, 2006, submitting that her occupation was deemed to be an assignment of the rental unit in her circumstances.
Tenant brought a T2 Application about Tenant Rights, seeking an order determining she had been wrongfully locked out. She listed herself and Ms. O as applicants, but Ms. O later confirmed she did not bring the application and was not pursuing it.
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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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.
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