Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 21.2, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Overturned
Agree with the ruling?
Application Date
Mar 2022
Hearing Date
Jul 2024
Order Date
Sep 16, 2024
Tenancy End Date
Sep 2024
The Landlord has proven on a balance of probabilities that the Tenant has committed an illegal act in the residential complex by possessing and accessing child pornography in February 2021 and in January 2023. The Board finds that it would be unfair to grant relief from eviction to the Tenant due to the seriousness of the illegal acts and the potential risk to children residing in or visiting the residential complex. The tenancy is terminated effective September 30, 2024, and the Tenant must pay the Landlord $742.00 in compensation and application fees.
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant or another occupant of the rental unit has committed an illegal act or has carried out, or permitted someone to carry out an illegal trade, business or occupation in the rental unit or the residential complex. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was resolved by order LTB-L-069051-22 issued on May 17, 2024. On May 22, 2024, the Tenant requested a review of the order and that the order be stayed until the request to review the order is resolved.
Tenant argues that, even if the police found some images on his devices, it did not make him a bad person, and that he should not be hindered from residing in a rental unit because of the unresolved criminal charges.
Tenant claims his internet connection was compromised by someone else in 2020 and he is not responsible for the claims against him. Tenant denies he committed the illegal acts alleged despite the evidence gathered by police.
Tenant claims he did not receive the Notice of Hearing for the hearing held on May 9, 2024
Tenant exhibits no remorse and lacks an appreciation of the harmful effects of making and using child pornography
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Lawful Rent
$139
Application Fee
$186
Ordered Amount
$742 (to Landlord)
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