P.G.C.H.C v F.P.
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: P.G.C.H.C v F.P., 2019 CanLII 87684
File Number: SWL-30382-19-SA
Timeline
Application Date
Mar 2019
Hearing Date
Jun 2019
Order Date
Jun 10, 2019
Decision
The Landlord's application is dismissed, and Order SWL-30382-19 issued on May 3, 2019 is set aside. The agreement to terminate the tenancy is unconscionable and will not be upheld.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant entered into an agreement to terminate the tenancy. The Tenant filed a motion to set aside the order, citing her disability and the circumstances under which she signed the agreement.
Determinations
- Tenant has a learning disability that affects her ability to read and understand documents
- Landlord's representative was aware of Tenant's disability
- Tenant did not approach Landlord to terminate tenancy, Landlord initiated eviction
- Tenant told Landlord's representative she did not want to move
- Tenant signed agreement without legal advice, filed motion to set aside as soon as she obtained legal advice
- Landlord's representative acknowledged Tenant may have felt pressured to sign agreement
Landlord's Arguments
Actions and Evidence
Landlord's representative acknowledged that the Tenant may have felt pressured to sign the agreement to terminate the tenancy.
Tenant's Arguments
Arguments
The agreement to terminate the tenancy was obtained under duress and is therefore unconscionable.
Actions and Evidence
Tenant has a learning disability that affects her ability to read and understand documents. She told the Landlord's representative that she did not want to move.
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