Manitoulin-Sudbury DSB v Wells
Landlord wins · Espanola · 2025-05-14
- Adjudicator
- Nicole Pedron
- Dispute
- Breach of Conditions, Substantial Interference
- Landlord
- M.D.
- Tenant
- L.W.
- Landlord rep
- Kristian Throne
- Tenant rep
- Becky Gilmore
What happened
The Landlord applied to terminate the tenancy because the Tenant breached a condition of a previous mediated settlement by allowing guests to stay longer than two weeks. An ex parte order was initially issued, which the Tenant moved to set aside. The Tenant, supported by Community Living Espanola, argued that his vulnerability led to him being exploited by guests and that he had no alternative housing in the area. The Landlord expressed concern for the safety of other vulnerable residents in the complex due to the unknown individuals staying with the Tenant.
The ruling
The Tenant's motion to set aside the eviction order (LTB-L-011056-25) is denied. The Board found that the Tenant breached a mediated agreement regarding guest limits and continues to do so, creating safety risks for other residents. However, recognizing the Tenant's vulnerability and lack of housing options in Espanola, the Board lifted the stay of the eviction effective August 31, 2025, to allow the Tenant more time to secure alternative housing through support agencies.