Landlord Wins Serious Safety Dispute: White v Doyle 2024
Landlords granted relief from eviction, but with strict conditions, after tenant's dog attacked and seriously injured landlord in North Bay
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 164 Morland Avenue, North Bay, ON P1B7R9
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2022
Hearing Date
Feb 2023
Order Date
Jan 26, 2024
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant due to the Tenant's Great Dane dog attacking and seriously injuring the Landlord Renee White during a rental unit inspection, which the Landlords claimed seriously impaired the safety of others.
Determinations
- Tenant was in possession on application date
- Tenant continued to be in possession at adjourned hearing
- Landlords served valid N7 Notice
- Tenant's dog attacked and seriously injured Landlord Renee White
- Incident occurred at the rental unit during Landlord's inspection
- Incident seriously impaired the safety of the Landlords and others
Case Study
The Landlords proved the grounds for termination under Section 66 of the Residential Tenancies Act, 2006 due to the serious dog attack incident. However, the Adjudicator was unable to order eviction due to Section 76 of the Act, which requires past substantial interference or inherent danger of the animal species. The Adjudicator instead granted relief from eviction subject to conditions.
Arguments and Actions
Landlord
Arguments
Landlords argued the dog attack seriously impaired the safety of themselves and others, warranting termination of the tenancy.
Actions
Landlord Renee White suffered serious injuries requiring stitches when the Tenant's dog attacked her during a rental unit inspection. Landlords and other tenants/neighbors are terrified of the dog.
Tenant
Actions
Tenant's Great Dane dog attacked and seriously injured Landlord Renee White during a rental unit inspection.
Decision Summary
The Landlords proved the grounds for termination due to the serious dog attack incident, but the Adjudicator was unable to order eviction under Section 76 of the Act. Instead, the Adjudicator granted relief from eviction subject to conditions, including the Tenant ensuring the dog is contained during Landlord entries and the dog not biting or attacking anyone for 12 months.
Reason for Eviction Relief
Single serious incident, no evidence of past substantial interference or inherent danger of dog breed
Adjudicator Details
LTB Member
Total Orders
576
Landlord Favorable
83.8%
Tenant Favorable
2.3%
Mutual Agreement
13.9%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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