Wakunick-Fleury et al. v Star Towers Ltd et al.

Tenant wins · Welland · 2024-09-17

Adjudicator

E. Patrick Shea

Dispute

Illegal Act, Maintenance, Tenant-initiated Termination

Notice

Non-payment of rent (N4), Personal use (N12)

Landlord

Star Towers Ltd, H.R., B.R., A.M.R.

Tenant

M.F.W., S.A.W., J.C.

Landlord rep

Peter Giblett

Tenant rep

Claire Hardy

What happened

The landlord, Star Towers Ltd, filed multiple L2 applications to terminate the tenancies and evict the tenants based on the assertion that it required possession of the rental units for demolition or repair/renovation. The LTB dismissed these applications, finding the N13 notices were invalid. The tenants filed multiple T1, T2 and T6 applications seeking compensation from the landlord. On September 17, 2023, the landlord allegedly began demolition activities while the units were still occupied, leading to the Fire Marshal closing the complex and removing the tenants. The tenants filed T2 applications regarding the landlord's actions. The LTB is now addressing the landlord's non-compliance with previous orders and the tenants' ongoing applications.

The ruling

The LTB found that the landlord, Star Towers Ltd, and its shareholders, Haroon Rashid, Bushar Rashid and Aniqa Maria Rashid, exploited the corporate structure to avoid liability and disregard the Residential Tenancies Act and LTB orders. The LTB amended the applications to add the shareholders as landlords/respondents and ordered them to make monthly payments to the tenants until the tenants are restored to possession of their units or the applications are resolved. The LTB also directed the landlord and shareholders to provide updates on their efforts to find an investor or purchaser for the complex and the status of their forbearance arrangements with the bank.