Cirasella v Winer

Tenant wins · Toronto · 2021-10-18

Adjudicator

Douglas Wilkins

Dispute

Illegal Act

Notice

N6

Landlord

C.C.

Tenant

M.W.

Landlord rep

Warren Rigby

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to allegations that the Tenant committed an illegal act by assaulting other occupants of the residential complex. The Landlord relied on an N6 Notice of Termination.

The ruling

The Landlord's application was dismissed as the Landlord did not prove the allegations on the N6 Notice on the balance of probabilities. The Tenant's direct, sworn, and detailed testimony that he was acting in self-defense was given more weight than the Landlord's hearsay evidence.