St. Raphael Nikolaos & Irene Greek Eastern Orthodox Church v Nikolic

Tenant wins · Toronto · 2025-09-24

Adjudicator

Nancy Morris

Dispute

Subletting Without Consent, Unauthorized Transfer Of Tenancy

Landlord

S.R.N.I.G.E.O.C.

Tenant

D.N.

Landlord rep

S. Papadopoulas

What happened

The Landlord sought to terminate the tenancy and evict the Tenant and an alleged unauthorized occupant (the Tenant's daughter). The Landlord argued that the Tenant had transferred the tenancy without consent after the daughter requested a letter confirming she was a subtenant for tax purposes. An initial dismissal based on a filing deadline was challenged by the Landlord in a review request. The Adjudicator found a serious error in the initial order's calculation of dates and proceeded with a new hearing. However, upon reviewing the merits, the Adjudicator determined that the Landlord failed to prove the Tenant had actually vacated or transferred the unit, noting that having a roommate is permitted.

The ruling

The review request was successful in establishing an error in the original order, but upon a fresh hearing of the facts, the Landlord's application to evict was still denied. The Landlord failed to prove that the Tenant had moved out and transferred the unit to his daughter. The original dismissal stands, and the stay on the original order is cancelled.