Evictly

1000831699 Ontario Inc v Yaqoob

Tenant wins · East York · 2025-09-03

Adjudicator
Panagiotis Peter Roupas
Dispute
Unauthorized Occupant
Landlord
1000831699 Ontario Inc
Tenant
S.T.Y., S.M.
Landlord rep
Victoria Zarif, Jennifer Ireland
Tenant rep
Luis Mayorga

What happened

The Landlord applied for an order to terminate the tenancy and evict an occupant, alleging that the Tenant had transferred occupancy to an unauthorized person without consent. The occupant argued that she was the spouse of the original Tenant and had remained in the unit after the Tenant moved out, making her a legal tenant under the Act.

The ruling

The Landlord's application to evict the occupant as an unauthorized person was dismissed. The LTB found that the occupant was the spouse of the original tenant and had lived in the unit with him and their children. Upon the original tenant moving out, the spouse was deemed a tenant under Ontario law. Therefore, she is not an unauthorized occupant and cannot be evicted on those grounds.