Faryna v Todaro

Tenant wins · ROOM 2 · 2021-09-22

Adjudicator

Dale Whitmore

Dispute

Breach of Conditions

Landlord

N.F.

Tenant

R.T.

Landlord rep

Barrington Lue Sang, Self-represented

Tenant rep

Julius Mlynarski

What happened

Landlord applied to terminate the tenancy and evict the Tenant because the Tenant failed to meet a condition specified in a previous order issued by the Board, which prohibited the Tenant from smoking inside the rental unit or the residential complex.

The ruling

The Landlord's application was dismissed because the Landlord did not provide any admissible evidence to prove that the Tenant had smoked in the residential complex, as alleged. The Landlord's evidence was based on hearsay, which was found to be inadmissible.