Da Silva v Schell

Split/Other wins · Toronto · 2025-07-29

Adjudicator

Susan Priest

Dispute

Breach of Conditions, Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

M.D.S.

Tenant

M.S.

Landlord rep

Dylan Da Silva

What happened

The Landlord applied for an order to terminate the tenancy (L4 application) alleging the Tenant breached conditions of a previous order (LTB-L-093086-23) by denying entry and failing to restore the unit to a clean condition. An ex parte eviction order was issued, which the Tenant moved to set aside. After the motion was denied, the Tenant requested a review. During the review, the Board found a serious jurisdictional error in the original conditional order: it had included requirements for cleanliness that were not part of the initial N5 Notice of Termination. As a result, the Board cancelled the previous orders and reinstated conditions limited to the original allegations of denied entry and unit damage.

The ruling

The LTB granted a Board-initiated review and cancelled the previous eviction and conditional orders. The Member ruled that the Board lacked jurisdiction to impose cleanliness conditions not specified in the original N5 Notice. The tenancy continues, provided the Tenant complies with new conditions: allowing entry for ceiling repairs, general 24-hour notice inspections, and quarterly pest control treatments. The Tenant is ordered to pay the Landlord $186.00 for the filing fee by August 9, 2025.