Tenant Wins Motion: Pier Property Management v Goguen 2024
Tenant successfully challenges eviction order by proving lack of serious safety impairment
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 45 Walton Ave, Kitchener, ON N2C2B6
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Aug 2024
Order Date
Aug 28, 2024
Dispute Summary
Landlord sought to terminate tenancy based on alleged breach of previous order regarding guest occupancy and safety concerns. Tenant filed a motion to set aside the eviction order.
Determinations
- Tenant breached previous order conditions
- Breach did not constitute serious safety impairment
- No evidence of actual safety risk
- Motion to set aside eviction order granted
Case Study
The Board found that the breach of conditions did not meet the threshold of serious safety impairment as required by section 66 of the Act.
Arguments and Actions
Landlord
Procedural Errors
Failed to provide sufficient evidence of safety impairment
Tenant
Actions
Tenant permitted guest 'Ron' to stay in rental unit unaccompanied
Decision Summary
The Board set aside the eviction order and varied the previous order to clarify that any application under section 78 must involve a serious impairment of safety.
Reason for Eviction Relief
No evidence of serious safety impairment
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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