Last updated: January 12, 2025
Ordered by Greg Witt,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
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Citation: SHALIMAR INTERNATIONAL HOUSING CORP v Burkett, 2024 ONLTB 89051
File Number: LTB-L-024591-24
Hearing Date
Oct 2024
Order Date
Dec 2, 2024
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant shall not engage in a physical altercation with the superintendent or any other person within the residential complex that rises to the level of endangering the safety of others, for the period beginning December 3, 2024 to December 2, 2025. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant within 30 days of the breach. The Tenant shall also pay the Landlord $186.00 for the cost of filing the application.
Tenant is a single mother with limited income caring for a 7-year-old child and it would be a considerable challenge to find a new unit that is both affordable and suitable for her needs, including a unit that is close to her child's school. The incident on March 4, 2024 appears to be an isolated incident and there have been no further incidents since then.
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person and the act or omission occurred in the residential complex.
Landlord's representative alleged that on March 4, 2024, the Tenant physically assaulted the superintendent in the parking garage in the residential complex following an argument.
Tenant testified that the superintendent provoked the incident and that the Landlord's agents have been rude and discriminatory towards the Tenant in the period leading up to the incident. Tenant further testified that her actions were in self-defence after being approached by the larger, male superintendent.
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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