Deep Quong Community Fund/St. Clare's Multifaith Housing Society v Gravelle

Tenant wins · Toronto · 2025-07-22

Adjudicator

Karen Gonçalves

Dispute

Tenant-initiated Termination

Notice

Agreement to Terminate (N11)

Landlord

D.Q.C.F.C.M.H.S.

Tenant

T.G.

Landlord rep

Ted Yoon, Kim Hinton, Noel Dimabuyo, Sana Hayat

Tenant rep

Monica Moran-Venegas, Gregory Keefe

What happened

The Landlord applied for an order to terminate the tenancy based on an N11 agreement. An initial order was issued without a hearing. The Tenant filed a motion to set aside the order, claiming she signed the agreement under duress due to safety concerns and pressure from a housing worker. While the Member found no legal duress, they set aside the eviction order as a remedy of last resort, noting the landlord was already re-housing tenants because the building's lease was expiring.

The ruling

The motion to set aside the previous eviction order is granted. The tenancy is allowed to continue. The Member found that while the N11 agreement was valid and not signed under duress, the unique circumstances of the building being decommissioned and the availability of re-housing meant that eviction was an unnecessary and harsh remedy.