1795503 Ontario Limited v Spagnuolo

Tenant wins · Toronto · 2025-11-17

Adjudicator

Rachel Gibbons

Dispute

Demolition, Renovation, Major Repairs

Notice

Demolition (N13)

Landlord

1795503 Ontario Limited

Tenant

C.S.

Landlord rep

Arashdeep Grewal

Tenant rep

Jacob Wynperle

What happened

The Landlord applied to terminate the tenancy and evict the Tenant to demolish the unit and convert the property into more dwelling units. The Tenant, who is visually impaired and has lived in the unit for 21 years, contested the application, arguing that the proposed work constitutes renovations rather than demolition and that she should have the right of first refusal.

The ruling

The Landlord's application to evict the Tenant for demolition was dismissed. The LTB found that the proposed work (gutting and altering the layout) qualified as a renovation rather than a demolition. Consequently, the Tenant's right of first refusal to move back into the unit must be preserved, and the N13 notice for demolition was insufficient to terminate the tenancy.