Morguard NAR Canada Limited Partnership v Habib - LTB Case Study
Toronto landlord wins conditional relief from eviction against tenants accused of illegal activities and property damage
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 47 Thorncliffe Park Dr, Toronto, ON M4H1J5
Decision in favor of
landlord
Balance Owed to Landlord
$964
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Jan 2024
Order Date
Mar 19, 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to allegations of illegal activities, including possession of illegal drugs and firearms, as well as wilful damage to the rental unit.
Determinations
- Landlord served valid N6 and N7 notices
- Tenant was in possession of the rental unit on the application date
- No drugs found in the rental unit
- No firearms found in the rental unit, only spent and blank ammunition
- Tenant's occupant's actions led to the police executing a no-knock warrant, causing damage to the rental unit door
- Landlord proved wilful damage to the rental unit
Arguments and Actions
Tenant
Actions
Tenant was sleeping when police entered the unit and asked her to raise her hands. Her son was not charged with any offenses.
Decision Summary
The Landlord proved that the Tenant or the Tenant's occupant wilfully caused undue damage to the rental unit. The tenancy continues subject to the Tenant paying $100 per month towards the outstanding balance of $964.23 for the damaged door. If the Tenant fails to comply with the payment condition, the Landlord may apply to terminate the tenancy.
Reason for Eviction Relief
Tenant has lived in the unit for 11 years, has connections in the neighborhood, and the rent is affordable
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Application Fee
$186
Damages
$964
Total Owing
$964 (Owed to Landlord)
Source
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