Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
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Citation: Vamvakas v Sakar, 2024 ONLTB 4717
File Number: LTB-L-055380-23-SA
Application Date
Jul 2023
Hearing Date
Dec 2023
Order Date
Jan 19, 2024
The Board granted the Tenant's motion to set aside the ex-parte order issued on July 24, 2023. The Board found that the Landlord was not acting in good faith when obtaining the Tenant's signature on the agreement to terminate the tenancy, and that it would not be unfair to set aside the order. The Landlord's L3 application was dismissed.
Tenant signed agreement under duress
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant entered into an agreement to terminate the tenancy. The Tenant filed a motion to set aside the ex-parte order.
Landlord argued that the Tenant was not coerced into signing the agreement.
Landlord and Landlord's daughter approached Tenant with the agreement to terminate the tenancy already completed, and the Tenant was pressured to sign it.
Landlord did not serve the Tenant with a N12 notice of termination.
Tenant argued that he signed the agreement to terminate the tenancy under duress.
Tenant is 61 years old, not fluent in English, and on a fixed income (ODSP). Tenant stated that if evicted, it would be difficult to find new housing in Toronto.
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