Niagara Regional Housing v Sardachuk
Last updated: October 13, 2024
Order
Ordered by Laura Hartslief,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Niagara Regional Housing v Sardachuk, 2024 ONLTB 60953
File Number: LTB-L-045054-24
Timeline
Application Date
Jun 2024
Hearing Date
Aug 2024
Order Date
Aug 16, 2024
Decision
The Landlord's application is granted, but a conditional order is warranted to accommodate the Tenant under the Ontario Human Rights Code. The tenancy will continue provided the Tenant adheres to conditions, including not engaging in physical altercations and having no contact with the other tenant involved in the incident.
Reason for Eviction Relief
Tenant's disabilities are related to the behavior that could result in eviction, and the Landlord has a duty to accommodate the Tenant to the point of undue hardship
Dispute
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant physically assaulting another tenant with a tire iron, seriously impairing the safety of the other tenant.
Determinations
- Landlord served valid N7 Notice
- Tenant physically assaulted another tenant with tire iron
- Tenant's actions seriously impaired safety of another person
- Assault occurred at the residential complex
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant argued that a conditional order is warranted to accommodate him under the Ontario Human Rights Code due to his disabilities.
Actions and Evidence
Tenant physically assaulted another tenant with a tire iron, seriously impairing the safety of the other tenant.
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