Vinall v Delta Kappa Epsilon - Deke Alumni Association

Tenant wins · Toronto · 2025-05-23

Adjudicator

Robert Brown

Dispute

Breach of Conditions, Harassment, Substantial Interference

Landlord

D.K.E.D.A.A.

Tenant

W.V.

Landlord rep

Rocco Achampong, T'ai Simm -Smith

Tenant rep

Melissa Rajaram

What happened

The Tenant filed an application against the Landlord (a fraternity) and its agents, alleging illegal entry, changing locks without providing keys, substantial interference, and harassment. The Landlord moved to dismiss the application, arguing the Residential Tenancies Act (RTA) does not apply due to various exemptions. This interim order addresses the Landlord's motion, determining that the RTA does in fact apply to the tenancy. The merits of the Tenant's application were adjourned to a future hearing.

The ruling

The LTB denied the Landlord's motion to dismiss the application, ruling that the Residential Tenancies Act applies to the tenancy. The hearing on the merits of the Tenant's application for illegal entry, interference, and harassment is adjourned to a future date. The Tenant is to retain possession of the rental unit, and the Landlord is ordered to replace the broken door to the unit on or before May 14, 2025.