Czapla Investments Ltd. v Gotfryd

Tenant wins · Etobicoke · 2025-05-27

Adjudicator

Jane Dean

Dispute

Breach of Conditions, Maintenance, Substantial Interference

Notice

Substantial interference (N5)

Landlord

Czapla Investments Ltd.

Tenant

J.G., B.G.

Landlord rep

Oleksandr Pichugin, Miranda Aprile

What happened

The Landlord obtained an ex parte eviction order after the Tenants failed to comply with a previous mediated settlement regarding unit cleanliness. Tenant 2 filed a motion to set aside the order, admitting to a hoarding disorder. Evidence showed the unit contained significant clutter, decaying food, and shoulder-high piles of items. The Board determined that because the Landlord failed to offer any accommodation for the Tenants' disability (hoarding) as required by the Ontario Human Rights Code, it would be unfair to maintain the eviction order.

The ruling

The LTB set aside the eviction order dated April 2, 2025. The Tenants are granted a reprieve from eviction conditioned on a strict, phased cleaning schedule. The unit must meet specific ratings on the Clutter Image Rating Scale by various deadlines between July and November 2025. Specifically, the kitchen must move from an 8 to a 2 rating, and the bedroom from an 8 to a 3 rating. The Landlord and Tenants are also ordered to meet to discuss required accommodations under the Human Rights Code.