1273599 Ontario Limited v Presentey

Tenant wins · Toronto · 2025-01-08

Adjudicator

Nersi Makki

Dispute

Assignment, Unauthorized Occupants

Amount

<$5K

Landlord

1273599 Ontario Limited o/a Atrium Property Management, S.D.

Tenant

Y.G.G.P.

Landlord rep

David Ciobotaru

What happened

The landlords applied to terminate the tenancy and evict the unauthorized occupants, while the tenant applied for an order determining that the landlords arbitrarily or unreasonably withheld consent to assign the rental unit. The applications were heard together.

The ruling

The tenant's application for assignment of the tenancy to the unauthorized occupants is granted, as the landlords' refusal or failure to respond was arbitrary or unreasonable. The landlords' application is dismissed as the unauthorized occupants are now tenants.