BERRY v TYNES
Split/Other wins · Toronto · 2023-05-09
- Adjudicator
- Rebecca Case
- Dispute
- Breach of Conditions, Harassment, Substantial Interference
- Notice
- Tenant rights (T2)
- Amount
- $10-20K
- Landlord
- R.B.
- Tenant
- V.L.T.
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to an agreement to terminate the tenancy. Tenant filed motions to set aside the orders and a T2 application alleging substantial interference and harassment by the Landlord.
The ruling
The Tenant's motions to set aside the orders terminating the tenancy and evicting the Tenant were granted as the N11 agreement was found to be null and void due to the Landlord's failure to pay the full amount owed to the Tenant under the Mutual Termination Agreement. The Tenant's T2 application alleging substantial interference and harassment was dismissed as the events occurred after the tenancy had terminated.