Church Of The Masters Home Corporation v Paterson

Landlord wins · Scarborough · 2021-09-29

Adjudicator

Jana Rozehnal

Dispute

Maintenance

Notice

Tenant rights (T2)

Landlord

C.O.T.M.H.C.

Tenant

M.P.

Landlord rep

Leo Corsetti

Tenant rep

Margaret Arnason

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to comply with a previous order to allow access for mold remediation. The Tenant filed a motion to set aside the order.

The ruling

The Tenant's motion to set aside the order terminating the tenancy and evicting the Tenant is denied. The Tenant breached the previous order by failing to cooperate with the Landlord's attempts to remediate the mold in the rental unit. Considering the Tenant's history of non-compliance and the broken relationship between the parties, it would be unfair to set aside the order.