Toronto Community Housing Corporation v Asselstine - LTB Case Study
Toronto Community Housing tenant avoids eviction but faces strict conditions after committing illegal acts and safety violations
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 121 Humber Blvd, York, ON M6N2H6
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
May 2024
Order Date
May 21, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant committed an illegal act by kicking another tenant and her daughter, and verbally threatening another tenant's children, and the Tenant seriously impaired the safety of other tenants by throwing a glass vase from the third-floor balcony.
Determinations
- Landlord served valid N6 and N7 notices
- Tenant committed illegal acts
- Tenant seriously impaired safety of others
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. The Tenant committed an illegal act by using physical force on another tenant and her daughter, and verbally threatening another tenant's children. The Tenant also seriously impaired the safety of other tenants by throwing a glass vase from the third-floor balcony, which created a risk of serious injury.
Arguments and Actions
Tenant
Actions
The Tenant kicked another tenant and her daughter, and verbally threatened another tenant's children.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant complies with certain conditions for a one-year period. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant is ordered to pay the Landlord $186.00 for the cost of filing the application by July 31, 2024, and if not paid, the Tenant will owe interest at 7.00% annually on the outstanding balance.
Reason for Eviction Relief
The Landlord is not seeking termination of tenancy; but instead, is requesting a conditional order.
Adjudicator Details
LTB Member
Total Orders
788
Landlord Favorable
51.6%
Tenant Favorable
3.0%
Mutual Agreement
45.3%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.