Eviction Upheld: Wynstar Commercial Properties Inc. v. Saintyl, 2021 ONSC 1000
Divisional Court upholds LTB eviction order due to safety concerns, denying tenant's appeal for reinstatement
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 31 Dunlop Street East, Barrie, ON
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Nov 2020
Hearing Date
Feb 2021
Order Date
Feb 8, 2021
Dispute Summary
Tenant appealed LTB eviction order and sought reinstatement to apartment pending appeal. LTB had ordered eviction due to safety concerns from Tenant's and guests' behavior. Tenant claimed lack of notice due to not receiving mailbox key.
Determinations
- No serious issue to be tried on appeal
- Tenant would suffer irreparable harm if motion refused
- Balance of convenience favors Landlord
- Stay of eviction order denied
Case Study
The court applied the three-part test from RJR-MacDonald to determine if a stay should be granted: serious issue to be tried, irreparable harm, and balance of convenience. The court found no serious issue to be tried as the Tenant's claims were either not grounds for appeal or implausible. While irreparable harm was accepted due to COVID-19 risks, the balance of convenience favored the Landlord due to evidence of safety risks posed by the Tenant.
Arguments and Actions
Landlord
Arguments
Landlord argued that the eviction was properly enforced despite COVID-19 measures due to the LTB's request for expedited enforcement.
Actions
Landlord provided evidence of complaints from other tenants, police involvement, and security camera footage supporting safety concerns.
Tenant
Arguments
Tenant argued he did not receive notice of LTB hearing due to not having a mailbox key, and that the eviction should not have been enforced due to COVID-19 stay on evictions.
Actions
Tenant's guests allegedly threatened other tenants, offered to sell drugs, and caused disturbances. Police conducted a raid on Tenant's unit and arrested someone.
Aggravating Factors
Tenant and guests allegedly engaged in threatening behavior, drug-related activities, and caused disturbances leading to police involvement and other tenants moving out.
Decision Summary
The court dismissed the Tenant's motion to reinstate tenancy pending appeal of LTB eviction order. The court found no serious issue to be tried, and while irreparable harm to the Tenant was accepted, the balance of convenience favored the Landlord due to safety concerns.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
87.5%
Tenant Favorable
0.0%
Mutual Agreement
12.5%
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