Shpak v Walker
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Subsections of RTA Quoted
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Citation: Shpak v Walker, LTB-L-090219-25-SA
File Number: LTB-L-090219-25
Timeline
Hearing Date
Jan 2026
Order Date
Mar 13, 2026
Decision
The Tenant's motion to set aside the previous order is denied. The Tenant breached the previous order by refusing access to the unit. Relief from eviction is denied, although the stay of the eviction order is lifted effective March 27, 2026, to allow the Tenant time to vacate.
Dispute
Landlord applied to terminate tenancy due to Tenant failing to comply with a previous LTB order regarding access to the unit. Tenant admitted to refusing access to home inspectors, contractors, and realtors for specific rooms.
Determinations
- The Tenant breached the previous LTB order dated September 5, 2025, by denying access to the unit.
- The Tenant admitted to refusing access to an inspector, a contractor, and a realtor.
- The prior order did not provide any exceptions for withholding portions of the unit.
- Relief from eviction under section 78(11) is denied.
Landlord's Arguments
Arguments
Landlord argued that the Tenant was aware of the requirements to provide access and that relief from eviction should not be granted given the Tenant's ongoing refusal.
Actions and Evidence
Landlord alleged the Tenant breached a previous order by denying access on multiple occasions.
Considerations
Tenant's Arguments
Arguments
Tenant argued that certain areas of the unit, such as an office and garage, should be exempt from access requirements.
Actions and Evidence
Tenant admitted to refusing access to the rental unit for a home inspector, contractor, and realtor, citing a need to protect sensitive work materials.
Considerations
repeatedly refused access to the rental unitmaintained justification for refusing access despite prior order
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