2241781 Ontario Inc v O'Reilly

Split/Other wins · Windsor · 2025-05-21

Adjudicator

Joy Xiao

Dispute

Serious Impairment of Safety, Substantial Interference

Notice

Serious impairment of safety (N7)

Landlord

2241781 Ontario Inc

Tenant

M.O.

Landlord rep

Karl Schuster

What happened

The Landlord applied to terminate the tenancy and evict the Tenant alleging that the Tenant or her guests seriously impaired the safety of others. Allegations included burning incense in common areas (specifically inserting them into electrical sockets), removing a smoke detector from the hallway, and rummaging through other tenants' belongings in a shared storage area. The Landlord provided security footage and witness statements from other tenants expressing safety concerns.

The ruling

The LTB found that the Tenant or her guest seriously impaired the safety of the residential complex. The Tenant was granted conditional relief from eviction. For a period of 12 months, the Tenant must not burn incense or combustible materials and must not tamper with fire safety devices. If these conditions are breached, the Landlord may apply for an eviction order without notice to the Tenant.