Maddox Sherbourne Inc. and ONTARI Holdings Ltd. v Peart
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Maddox Sherbourne Inc. and ONTARI Holdings Ltd. v Peart, LTB-L-081570-25, 2026 ONLTB 24754
File Number: LTB-L-081570-25
Timeline
Hearing Date
Mar 2026
Order Date
Apr 2, 2026
Decision
The Landlord's application for termination was granted; however, the order is conditional upon the Tenant vacating the temporary unit by April 17, 2026.
Reason for Eviction Relief
The Tenant has lived in the unit since 2004 and the Adjudicator found that granting relief with conditions was appropriate under section 83.
Dispute
The Landlord sought to terminate the tenancy because the Tenant failed to return to her original unit after a temporary relocation, resulting in the Tenant occupying two units simultaneously.
Determinations
- The Landlord established the grounds for termination as the Tenant failed to return to her rental unit.
- The Tenant failed to void the N5 notice.
- The Tenant is substantially interfering with the Landlord's reasonable enjoyment by refusing to vacate the temporary unit.
Landlord's Arguments
Arguments
Landlord argued the unit was habitable and the Tenant's refusal to return caused ongoing financial loss.
Actions and Evidence
Landlord testified that multiple environmental reports confirmed the unit was safe and free of toxic mould.
Considerations
Tenant's Arguments
Arguments
Tenant argued that mould was not properly remediated and the rental unit was uninhabitable.
Actions and Evidence
Tenant refused to move back into the rental unit alleging health concerns and mould issues.
Considerations
Similar Cases
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Krafa Consultants & Management Inc. v Wright
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Campeau v L***** (Levesque)
The LTB terminated a tenancy for landlord's own use under an N12 notice, granting the tenant a delayed eviction date under section 83.
Abe v Bickerton
The Board terminated the tenancy and ordered eviction after the Tenants failed to pay significant rent and utility arrears and abandoned the hearing.
Teoh v Vanduzen
The Landlord's application to terminate the tenancy for substantial interference was granted, with eviction postponed to September 30, 2026.
Krafa Consultants & Management Inc. v Wright
The LTB issued a conditional order allowing the tenancy to continue and requiring the tenant to pay $1,356.00 in damages and costs over 36 monthly installments.
Campeau v L***** (Levesque)
The LTB terminated a tenancy for landlord's own use under an N12 notice, granting the tenant a delayed eviction date under section 83.
Abe v Bickerton
The Board terminated the tenancy and ordered eviction after the Tenants failed to pay significant rent and utility arrears and abandoned the hearing.
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The tenancy is terminated due to the Tenant's substantial interference with the Landlord's right to access for repairs and the Landlord's good faith requirement for personal use.
Kaye Street Residences Inc. v Tenk
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Nishnawbe Homes Inc. v Gazley
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