Houselink and Mainstay Community Housing v Johnson
Tenant wins · Toronto · 2025-04-23
- Adjudicator
- Laura Hartslief
- Dispute
- Substantial Interference
- Landlord
- H.A.M.C.H.
- Tenant
- B.J.
- Landlord rep
- Mandy Nyarko
What happened
The Landlord applied to evict the Tenant for seriously impairing safety by allegedly causing a fire in the rental unit. The Tenant was absent from the hearing. The adjudicator expressed concern that the Tenant may not have received the notice of hearing, as he had been arrested and locked out of the unit by the Landlord prior to service. Ultimately, the application was dismissed because the Landlord failed to provide sufficient evidence (like a fire or police report, or witness testimony) to prove on a balance of probabilities that the Tenant was responsible for the fire.
The ruling
The Landlord's application to evict the Tenant for allegedly causing a fire and impairing safety was dismissed. The adjudicator found that the Landlord failed to provide sufficient evidence to prove the Tenant was responsible for the fire.