Osgoode Properties v Huntley, Northmore

Split/Other wins · Kingston · 2021-09-28

Dispute

Damage to Property, Serious Impairment of Safety

Amount

<$5K

Landlord

Osgoode Properties

Tenant

D.H., K.N.

Landlord rep

Anne Skelly

Tenant rep

Thomas Olton, Bill Florence

What happened

Landlord applied to terminate the tenancy and evict Tenants due to serious impairment of safety and wilful damage to the premises. The parties agreed to settle the application by way of an order prohibiting any impairment of safety on the premises for twelve months. The only dispute was whether both Tenants should be bound by the order.

The ruling

The Board found that both Tenants are joint tenants of the rental unit, and the settlement prohibiting impairment of safety will be binding on both of them. The Tenants cannot unilaterally sever the joint tenancy without the Landlord's consent.