Zwingenberger v Scharfe
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Subsections of RTA Quoted
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PDF provided by the Ontario LTB Order Catalogue
Citation: Zwingenberger v Scharfe, 2026 ONLTB 57652
File Number: LTB-L-048337-26
Timeline
Hearing Date
Jul 2026
Order Date
Jul 30, 2026
Decision
The Landlord's application to terminate the tenancy for breach of a prior consent order is dismissed because the Landlord failed to prove the breach on a balance of probabilities.
Dispute
The Landlord applied to terminate the tenancy and evict the Tenant alleging the Tenant failed to meet a condition specified in a previous consent order regarding smoke emanating from her unit.
Determinations
- The Landlord failed to prove on a balance of probabilities that the Tenant breached the condition specified in the previous order.
- The Landlord's case rested entirely on uncorroborated hearsay evidence with minimal weight.
- The Landlord failed to establish proper service and disclosure of the evidence package in accordance with the LTB Rules of Procedure.
Landlord's Arguments
Arguments
The Landlord argued that smoke migration constituted a breach of the consent order's conditions regarding smoking.
Actions and Evidence
The Landlord's property manager filed a declaration stating that smoke odours entered a neighbouring unit from the Tenant's unit, but admitted she did not attend either unit on the date in question or investigate immediately.
Procedural Errors
Failed to file evidence package within the timeline required by the LTB Rules of Procedure and failed to provide sufficient particulars of the alleged breach.
Considerations
Tenant's Arguments
Arguments
The Tenant argued that the Landlord provided no proof that smoke entered another unit from her unit on the date in question.
Actions and Evidence
The Tenant attended the hearing, cross-examined the Landlord's witness, adamantly denied ever smoking marijuana on the premises, and submitted that the Landlord provided no proof that smoke entered another unit.
Considerations
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