Sardouk v Archambeau

Tenant wins · Toronto · 2025-11-06

Adjudicator

Dana Wren

Dispute

Illegal Act

Notice

Illegal act (N6)

Landlord

Z.S.

Tenant

H.Y.A.

Landlord rep

Hossaim Akbari

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant based on allegations of illegal acts, specifically drug trafficking and other illegal business. The Tenant failed to attend the hearing, despite submitting a late request to reschedule. However, the adjudicator dismissed the application because the Landlord failed to file a Certificate of Service and admitted to using an unapproved method of service (leaving the notice with building staff). Furthermore, the N6 notice was found to be deficient as it lacked specific details of the alleged illegal acts, merely citing a call from the police and the presence of a pet in a pet-free building.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Landlord failed to meet procedural requirements regarding the service of the notice and failed to provide sufficient evidence or detail regarding the alleged illegal acts in the termination notice.