SO v. CANADIAN MENTAL HEALTH ASSOCIATION TORONTO BRANCH

Tenant wins · Toronto · 2022-12-13

Adjudicator

Leiper J.

Dispute

Eviction, Tenant Behavior

Notice

Notice to End Tenancy

Landlord

C.M.H.A.T.B.

Tenant

N.T.S.

Landlord rep

Mark A. Glynn, Rita Benjamen

Tenant rep

Joseph Kary

What happened

The landlord, CMHA-Toronto Branch, sought to evict the tenant, Ms. So, due to alleged aggressive behavior towards other tenants and safety concerns. After multiple hearings and a consent order for eviction, Ms. So appealed to the Divisional Court. The court allowed the appeal to proceed and granted interim relief for Ms. So to return to her unit pending the appeal, with conditions.

The ruling

The Divisional Court allowed Ms. So's appeal to proceed and granted interim relief for her to return to her unit pending the appeal. The court imposed conditions on Ms. So's occupancy to address the landlord's concerns about her behavior. The appeal will be heard on its merits at a later date.