Centurion Property Associates Inc. v Broomes

Tenant wins · Toronto · 2025-12-18

Adjudicator

Greg Witt

Dispute

Illegal Act, Substantial Interference

Notice

Illegal act (N6), Serious impairment of safety (N7)

Landlord

Centurion Property Associates Inc.

Tenant

A.B., C.G.

Landlord rep

Vernon Domingo, Martin Zarnett, Faith McGregor

What happened

The Landlord applied to terminate the tenancy alleging that Tenant 1 committed an illegal act and seriously impaired the safety of others by possessing and discharging a firearm in the residential complex. The Landlord relied on police testimony and video surveillance. Tenant 1 denied the allegations, stating that the video did not show a weapon and that a police search of his unit yielded no firearms. The Adjudicator found the Landlord's evidence was largely hearsay and speculative, as the video footage did not explicitly show a weapon or a discharge. Consequently, the Landlord failed to meet the burden of proof, and the application was dismissed.

The ruling

The Landlord's application to terminate the tenancy for illegal acts and safety impairment was dismissed. The Adjudicator ruled that the Landlord did not provide sufficient, non-speculative evidence to prove that the Tenant possessed or discharged a firearm in the residential complex.