Toronto Community Housing Corporation v Cochrane
Tenant wins · Toronto · 2025-12-03
- Adjudicator
- Alicia Johnson
- Dispute
- Breach of Conditions, Maintenance
- Landlord
- T.C.H.C.
- Tenant
- R.C.
- Landlord rep
- Jathusan Ratnakumaran
- Tenant rep
- Sheila Warner
What happened
The Landlord applied for an ex parte eviction order after the Tenant allegedly breached a previous consent order requiring the rental unit to be brought into compliance with fire and safety standards. The Tenant filed a motion to set aside the resulting eviction order, admitting the breach but providing context regarding health issues and demonstrating recent cleaning progress.
The ruling
The LTB granted the Tenant's motion to set aside the eviction order. While the Tenant admitted to breaching safety and clutter standards, the Board exercised discretion due to the Tenant's health issues and recent improvements. The previous order was amended to give the Tenant until December 31, 2025, to bring the unit to a specific standard (Clutter Image Rating Level 3), failing which the Landlord may apply for eviction without notice.