J.N.D. Properties Inc. v Buffy

Landlord wins · Toronto · 2025-10-14

Adjudicator

Susan Priest

Dispute

Tenant-initiated Termination, Unauthorized Occupant

Landlord

J.N.D. Properties Inc.

Tenant

T.B.B.

Landlord rep

Ron Himelfarb, Anthony Corso

What happened

The Landlord applied for eviction based on an agreement to terminate the tenancy signed by the Tenant. An ex-parte order was issued on June 30, 2025. An Occupant, claiming to be the Tenant's common-law spouse, filed a motion to set aside that order. The core issue was whether the Occupant had legal standing as a tenant under the Residential Tenancies Act.

The ruling

The motion to set aside the eviction order is denied. The Occupant was found to have no legal standing as a tenant because they did not meet the cohabitation requirement for a common-law spouse and had no agreement with the Landlord. The previous eviction order (LTB-L-051384-25) remains unchanged and the stay is lifted.