Schram v. Thompson

Tenant wins · Toronto · 2022-12-08

Adjudicator

D.L. Corbett J.

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

J.T.

Tenant

J.S.

Landlord rep

David S. Strashin

Tenant rep

Nan Padmanathan

What happened

The Landlord applied to terminate the tenancy on the basis that she required the rental unit for her adult disabled son. The Tenant was evicted without notice in March 2020 after living in the basement apartment for 22 years. The Tenant immediately sought review, claiming he did not receive notice of the hearing. The Board issued a stay order but delayed the review hearing due to COVID-19. The Board eventually set aside the original eviction order and dismissed the Landlord's application after she failed to attend the fresh hearing. When considering remedy, the Landlord falsely claimed her son was occupying the unit, when in fact she had re-rented it to a new tenant at a higher rent.

The ruling

The court allowed the appeal and set aside the Board's decision on remedy. The court ordered that the Tenant be reinstated to the rental unit immediately, by December 13, 2022 at the latest. The court remitted to the Board the question of whether the Tenant is entitled to any further remedies as a result of the Landlord's abuse of process.