Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Conditional Order
Ordered Amount
$186
to Landlord
Agree with the ruling?
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Apr 16, 2024
The Landlord has proven the grounds for termination of the tenancy due to the Tenant's use of open flame candles, which seriously impairs the safety of others in the residential complex. However, a conditional order will be granted to allow the Tenant to preserve her tenancy if she complies with the conditions of not using candles and allowing the Landlord to inspect the unit quarterly.
Tenant is elderly, has medical conditions, and has resided in the unit for over 20 years
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's use of open flame candles in the rental unit, which the Landlord alleges seriously impairs the safety of others in the residential complex. The Landlord provided evidence of prior fire incidents related to the Tenant's use of candles, and expert testimony on the fire hazard posed by open flame candles. The Tenant acknowledged using the candles for religious purposes but agreed to stop using open flame candles after being served the notice.
Tenant's use of open flame candles seriously impairs the safety of others in the residential complex, and the Landlord is entitled to terminate the tenancy.
Landlord has a 'no open flames' policy in the residential complex due to the challenges of evacuating elderly tenants in the event of a fire. Landlord provided evidence of prior fire incidents related to the Tenant's use of candles.
Tenant seeks to preserve her tenancy due to her age, medical conditions, and long-term residency in the unit.
Tenant had an oil, open flame candle burning in her unit on June 29, 2021. Tenant has burned oil candles as part of her religious practices.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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