MIRA v KOURSA

Tenant wins · Toronto · 2022-11-25

Adjudicator

Terri van Huisstede

Dispute

Breach of Conditions

Landlord

M.M.

Tenant

M.K.

Landlord rep

Rachel Gibbons

Tenant rep

Samuel Mason

What happened

Landlord applied to terminate tenancy based on an N11 agreement signed by the Tenant. Tenant filed a motion to set aside the eviction order, arguing that the agreement was not truly voluntary due to the Landlord's misrepresentation of the circumstances.

The ruling

The Board granted the Tenant's motion to set aside the eviction order LTB-L-044530-22 issued on September 26, 2022. The Board found that the circumstances surrounding the N11 agreement were not wholly honest on the part of the Landlord, and it would not be unfair to set aside the eviction order.