Biddington Property Management Corporation v Moore

Landlord wins · Toronto · 2025-07-04

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions, Maintenance, Substantial Interference

Landlord

BIDDINGTON PROPERTY MANAGEMENT CORPORATION

Tenant

C.M.

Landlord rep

Myca Ricohermoso, Geoff Paine

What happened

The Landlord applied to terminate the tenancy because the Tenant breached a previous consent order regarding unit cleanliness. The Tenant sought a review of a prior order that she missed, claiming she could not attend due to a lack of funds for her phone and oversleeping because of hunger. While the adjudicator granted the review because the Tenant's absence was reasonably explained, the underlying eviction was upheld due to the extreme fire safety risk posed by the hoarding and clutter in the unit.

The ruling

The LTB granted the Tenant's request for review and cancelled the previous order from May 9, 2025. However, upon reviewing the merits, the Board denied the Tenant's motion to set aside the eviction order. The eviction order originally issued on March 3, 2025, is maintained, with the stay being lifted on July 31, 2025, to allow the Tenant time to find new housing. The decision was primarily based on the extreme fire safety risk and interference caused by hoarding.