Niagara Regional Housing v Sardachuk - LTB Ruling on Tenant Assault
Landlord granted conditional order to terminate tenancy after tenant physically assaulted another resident
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2436 Scott St, St Catharines, ON L2M3W6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2024
Hearing Date
Aug 2024
Order Date
Aug 16, 2024
Dispute Summary
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
Arguments and Actions
Tenant
Arguments
Tenant argued that a conditional order is warranted to accommodate him under the Ontario Human Rights Code due to his disabilities.
Actions
Tenant physically assaulted another tenant with a tire iron, seriously impairing the safety of the other tenant.
Decision Summary
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
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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