Manikam v. Toronto Community Housing Corporation

Tenant wins · 2019-04-02

Adjudicator

Sachs J.

Dispute

Illegal Act

Landlord

T.C.H.C.

Tenant

E.M.

Landlord rep

K. Douglas

Tenant rep

G. Filice

What happened

The Landlord sought to evict the Tenant for allegedly throwing a rabbit off her 15th floor balcony, which the Landlord claimed was an illegal act. The Tenant denied the allegation, stating the rabbit jumped off the balcony accidentally. The Landlord and Tenant Board (LTB) initially ordered the Tenant's eviction based on hearsay evidence from police notes. The Tenant appealed to the Divisional Court, arguing that relying on hearsay evidence without allowing cross-examination denied her procedural fairness.

The ruling

The Divisional Court set aside the LTB's eviction order and remitted the matter back to the LTB for a new hearing before a different Board member. The court ordered a stay of eviction pending the determination at the new hearing. The court found that the LTB breached procedural fairness by admitting and relying on hearsay evidence without allowing the Tenant to cross-examine the key witness against her.