Toronto Community Housing Corporation v Elfenesh
Landlord wins · North York · 2025-05-13
- Adjudicator
- Dale Whitmore
- Dispute
- Illegal Act, Serious Impairment of Safety
- Notice
- Illegal act (N6), Impaired safety (N7)
- Landlord
- T.C.H.C.
- Tenant
- Y.E.
- Landlord rep
- Katarzyna Deptuch
- Tenant rep
- Payam Javadi
What happened
The Landlord applied to terminate the tenancy because an occupant of the rental unit (the Tenant's son) illegally stored a handgun in the unit, which seriously impaired the safety of others. An original order for eviction was issued on January 21, 2025, after the Tenant failed to attend the initial hearing. The Tenant requested a review of that order, claiming she did not receive any notices regarding the proceedings or the hearing. The review hearing focused on whether the Tenant was reasonably able to participate in the previous proceeding.
The ruling
The request to review the original eviction order is denied. The Member found that the Tenant failed to prove she was unable to participate in the original hearing, finding her claims of not receiving multiple mailed notices to be non-credible. The original order issued on January 21, 2025, which terminated the tenancy due to the illegal storage of a handgun, is confirmed and the stay of that order is lifted immediately.