Toronto Community Housing Corporation v Abdul - LTB Case Study
Landlord wins eviction case over tenant's son's illegal firearms possession, but LTB grants conditional order to avoid termination
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2180 Ellesmere Rd, Scarborough, ON M1G3M4
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2024
Order Date
Mar 4, 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to the Tenant's son committing an illegal act by possessing and trafficking prohibited firearms and ammunition in the rental unit, which seriously impaired the safety of other tenants and people in the residential complex.
Determinations
- Landlord served valid N6 and N7 notices
- Tenant's son committed illegal act by possessing and trafficking prohibited firearms and ammunition in the rental unit
- Tenant was negligent or wilfully blind to her son's illegal activities
- Tenant's son is currently incarcerated for 15 years
- Tenant is the only person currently living in the rental unit
- Tenant has significant health issues and would be devastated by eviction
- Conditional order is appropriate and not unfair to the Landlord
Arguments and Actions
Landlord
Arguments
Landlord argued that the circumstances were similar to a previous case (Joseph v Toronto Community Housing Corporation) and that termination should be granted regardless of any s. 83 arguments.
Tenant
Arguments
Tenant requested relief from eviction given that she had no knowledge or direct involvement in the illegal activities, and an eviction would be devastating to her due to her significant health issues.
Actions
Tenant testified that she will never speak to her younger son again and will never allow him back into the rental unit.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy due to the Tenant's son committing an illegal act in the rental unit. However, given the Tenant's current circumstances, a conditional order is appropriate and not unfair to the Landlord. The tenancy will continue if the Tenant complies with the conditions set out in the order, including not allowing the Tenant's son to enter the rental unit or residential complex.
Reason for Eviction Relief
Tenant's son is currently incarcerated, Tenant is the only person living in the unit and has significant health issues, and a conditional order is appropriate and not unfair to the Landlord
Adjudicator Details
LTB Member
Total Orders
57
Landlord Favorable
82.5%
Tenant Favorable
7.0%
Mutual Agreement
10.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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