1147335 Ontario Inc. v Eden
Tenant wins · Toronto · 2021-07-19
- Adjudicator
- Richard Ferriss
- Dispute
- Damage to Property, Substantial Interference
- Notice
- Termination for Cause (N5)
- Landlord
- 1147335 Ontario Inc. o/a Weston Prop Mgmt.
- Tenant
- T.E.
- Landlord rep
- Doug MacDonald, Leroy Bleta
- Tenant rep
- Natasha Manning
What happened
The Landlord applied to terminate the tenancy and evict the Tenant due to alleged damage to the rental unit and substantial interference with the Landlord's reasonable enjoyment. The Landlord claimed the Tenant caused a fire on the balcony by keeping a combustible couch, and that the Tenant failed to maintain required liability insurance.
The ruling
The Landlord's application was dismissed. The Tribunal found the fire was not caused by the Tenant's actions, and while the Tenant failed to maintain required liability insurance, it would not be unfair to grant the Tenant relief from eviction given the circumstances.