Campbell v. Peel Housing Corporation
Tenant wins · 2016-12-05
- Adjudicator
- Fairburn J.
- Dispute
- Eviction, Non-payment of Rent
- Amount
- $5-10K
- Landlord
- P.H.C.
- Tenant
- D.C.
- Landlord rep
- Martin Zarnett, Mary-Jo MacCrae
- Tenant rep
- Cimone Campbell
What happened
Peel Housing Corporation sought to evict Delue Campbell, an elderly tenant with health issues, for non-payment of rent. The tenant's daughter, Cimone Campbell, brought an emergency motion to stay the eviction order. The court granted a temporary stay and ordered the parties to appear for a hearing.
The ruling
The court maintained a 45-day stay on the eviction order to allow the parties to discuss a resolution. The tenant had paid the full amount ordered by the Landlord and Tenant Board, but new rental arrears had accrued. The court recognized that the tenant's circumstances had changed, now being a single occupant charged for double occupancy. The parties were encouraged to recalculate rent and arrears based on single occupancy and explore options such as judicial review or appealing the rent calculation decision.