Condo Eviction Case: MTCC No. 1260 v. Singh 2022 - Dangerous Dogs
Court orders eviction of tenants keeping dangerous dogs in Toronto condo, violating rules and posing risks to residents
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 250 Manitoba St, Toronto, ON M8Y4G8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Mar 2022
Order Date
Mar 14, 2022
Tenancy End Date
Mar 2022
Dispute Summary
The condominium corporation sought to evict tenants who kept dangerous dogs in their unit, violating condominium rules and posing a risk to other residents. The tenants repeatedly ignored orders to remove the dogs and brought them back after they were removed by the Sheriff.
Determinations
- Tenants violated Section 117(1) of the Condominium Act
- Tenants breached previous court orders
- Tenants are unsuitable for communal living
- No other remedy short of eviction would be adequate
Case Study
The court found that the tenants were in violation of Section 117(1) of the Condominium Act by creating conditions likely to damage property or cause injury. The tenants' repeated disregard for court orders and inability to control their dogs made them unsuitable for communal living. The court determined that eviction was the only adequate remedy to enforce compliance and ensure the safety of other residents.
Arguments and Actions
Landlord
Arguments
Landlord argued that eviction was necessary to secure compliance with court orders and protect the safety of other residents.
Actions
Landlord conducted inspections of the unit on February 22 and 28, 2022, finding evidence of dogs still being present in the unit.
Tenant
Arguments
Tenants argued through their representative that they did not present a risk themselves and that a fine should be sufficient to enforce compliance.
Actions
Tenants allowed their dogs to roam hallways unsupervised, refused to muzzle the dogs in common areas despite city orders, and one of the dogs attacked another resident and their pet in an elevator.
Aggravating Factors
Tenants repeatedly ignored court orders, brought dangerous dogs back into the unit after they were removed, and attempted to hide and deny their actions.
Decision Summary
The court ordered the termination of the tenancy effective March 28, 2022, and granted a writ of possession to the landlord. The tenants were ordered to vacate the premises, and the Sheriff was directed to enforce the eviction order with assistance from police and animal services if necessary.
Adjudicator Details
Superior Court of Justice
Total Orders
7
Landlord Favorable
71.4%
Tenant Favorable
14.3%
Mutual Agreement
14.3%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.