Victoria Park Community Homes v Morgenschweis

Tenant wins · Brantford · 2025-09-10

Adjudicator

Rachel Gibbons

Dispute

Breach of Conditions, Substantial Interference

Landlord

Victoria Park Community Homes

Tenant

T.M., B.W.

Landlord rep

Patrick Langille

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants under Section 78, alleging a breach of behavioral conditions set in a previous consent order issued on November 28, 2024. The conditions required the Tenants to refrain from aggressive, threatening, or harassing behavior. However, the Landlord's application was filed on July 11, 2025, while the alleged breaches occurred in January and May 2025.

The ruling

The Landlord's application for eviction based on a breach of conditions from a previous order is dismissed. The application was filed on July 11, 2025, regarding breaches that allegedly happened in January and May 2025. Because the Act requires such applications to be filed within 30 days of a breach, the application was ruled to be out of time.