KS 700 Bay Street Inc v Ghanem - Landlord Loses Theft Dispute
Landlord's application to evict tenants for alleged theft dismissed by LTB
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 77 Gerrard St W, Toronto, ON M5G2A1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jan 2024
Order Date
Apr 26, 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to allegations that the Tenants or their occupants stole a remote control and sound system from the building's theater.
Determinations
- Landlord served valid N6 notice
- Thieves were not Tenants or occupants
- No evidence Tenants or occupants permitted illegal act
Arguments and Actions
Landlord
Arguments
The Landlord argued that the N6 notice is valid, and that Guideline 10 specifically allows for multiple notices to be served for the same incident.
Actions
The Landlord's agent, Samuel Hui, testified that security camera footage showed two individuals entering the building's theater room, and that after the incident, the community manager inspected the theater and found the sound system and remote missing.
Tenant
Arguments
The Tenants argued that the Landlord served an N5 and an N6 notice for the same incident, which is confusing for the Tenants as one is voidable and one is not.
Actions
Majed Farhad, the Tenant's son, testified that the individuals in the video were friends of the support worker Ashley, who had been staying in the unit, and that he asked Ashley to leave after being informed of the theft.
Decision Summary
The Landlord's application is dismissed. The Landlord did not prove that the Tenants or their occupants committed or permitted an illegal act in the residential complex.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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