The Estate of Jerome Morse v Gorog

Tenant wins · Toronto · 2025-11-10

Adjudicator

Jane Dean

Dispute

Maintenance, Personal Use

Notice

Personal use (N12)

Landlord

T.E.O.J.M.

Tenant

A.G., W.L.

Landlord rep

Catherine Lawrence, Sarah Teal, Tanya Dickie

What happened

The Landlord applied to terminate the tenancy for personal use (N12), stating that a child of the deceased landlord intended to occupy the unit. However, the rental unit was uninhabitable at the time of the hearing due to a fire caused by the Landlord's agents during roof repairs. The Landlord argued that the lease had been frustrated by the fire, while the Tenants sought to return once repairs were completed. The Board considered whether the Landlord was in serious breach of maintenance obligations, which would mandate the dismissal of the eviction application.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The Board found that the Landlord was in serious breach of maintenance obligations because the rental unit remained uninhabitable following a fire caused by the Landlord's own contractors. Consequently, the Board was legally required to refuse the eviction under Section 83(3)(a) of the Residential Tenancies Act.