Amstar Pool I LP v Hermin F. Fraser, Keriann Leona Fraser and Victoria Hermel Fraser

Split/Other wins · Toronto · 2021-02-12

Adjudicator

Douglas Wilkins

Dispute

Illegal Act, Serious Impairment of Safety

Notice

N6, N7

Landlord

Amstar Pool I LP

Tenant

H.F.F., K.L.F., V.H.F.

Landlord rep

Michelle Forrester

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to conduct by a male guest of the Tenants, including allegations of noise, harassment, threats, and assault with a weapon.

The ruling

The Landlord's application was denied, subject to strict conditions that the Tenants not permit the male guest who wielded the machete into the residential complex or rental unit, and that the Tenants inform the Landlord if they become aware of his presence. If the Tenants fail to comply with these conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.