Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 21.2, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Upheld
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Citation: Toronto Community Housing Corporation v Luff, 2024 ONLTB 93717
File Number: LTB-L-044613-24-RV
Hearing Date
Oct 2024
Order Date
Dec 17, 2024
The Tenant's request to review the order is denied. The Member's decision to terminate the tenancy was reasonable and based on the evidence presented at the hearing.
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 involving the production of an illegal drug, the trafficking in an illegal drug or the possession of an illegal drug for the purposes of trafficking, and 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.
The Landlord argued that the Member's order is based on the best evidence presented at the hearing and on a balance of probabilities.
The Tenant's representative argued that the Member failed to consider that the Tenant has not been convicted of an illegal act related to drugs in the rental unit or residential complex, and that the Member over-interpreted the evidence led with respect to the type of drugs, quantity of drugs, and location of drugs.
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