Korah Thomas v Dearon Pilliner

Landlord wins · Scarborough · 2022-02-02

Adjudicator

Nancy Morris

Dispute

Breach of Conditions

Notice

N6, N7

Landlord

K.T.

Tenant

D.P.

Landlord rep

C. Aylwin

Tenant rep

K. Laforest

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a mediated settlement issued by the Board on March 31, 2021. The condition was that the Tenant was to stop running a food service business from the rental unit.

The ruling

The Board denied the Tenant's motion to set aside the eviction order, finding that the Tenant had breached the mediated agreement by continuing to run a commercial catering business from the rental unit. The Board found it would be futile to reinstate the agreement as the Tenant was unlikely to comply, and the illegal business threatened the safety of others and imposed costs on the Landlord.