SOL-54818-14 (Re)

Landlord wins

Adjudicator

Michael Soo

Dispute

Termination Of Superintendent'S Tenancy

Amount

<$5K

Landlord

D.

Tenant

P.

Landlord rep

JC

Tenant rep

CW

What happened

Landlord applied to terminate the tenancy and evict the Tenant, who was employed as a building superintendent, after the Tenant's employment was terminated. The Tenant challenged the application on the basis that section 93 of the Residential Tenancies Act, 2006 violates section 15(1) of the Canadian Charter of Rights and Freedoms.

The ruling

The tenancy is terminated effective April 24, 2015. The Tenant must pay the Landlord $2,647.85 in compensation for use of the unit from November 27, 2014 to April 17, 2015, less $503.13 already paid. The Tenant must also pay $22.19 per day from April 18, 2015 until the unit is vacated, as well as the $170 application fee. If the Tenant does not pay the full amount by April 24, 2015, interest will accrue at 2% annually on the outstanding balance.