LTB Order LTB-L-063747-22

2023 ONLTB 30075 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: T.C.O.T.C.O.W. v S., 2023 ONLTB 30075 Date: 2023-04-12 File Number: LTB-L-063747-22 In T. matter of: 204, 576 WOOLWICH ST GUELPH ON N1H3Y3 Between: T.C.O.T.C.O.W. Landlord And C.S. Tenant T.C.O.T.C.O.W. (T. 'Landlord') applied for an order to terminate T. tenancy and evict C.S. (T. 'Tenant') because: • T. Tenant, another occupant of T. rental unit or a person T. Tenant permitted in T. residential complex has seriously impaired T. safety of any person and T. act or omission occurred in T. residential complex. This application was heard by videoconference on March 27, 2023 at 09:00 am. Only T. Landlord Representative Peter Schroeder, T. Landlord’s Agent Lynne Johnson and T. Landlord’s Witness’s Kate Gerreman and Barry Williams attended T. hearing. As of 09:30 am, T. Tenant was not present or represented at T. hearing although properly served with notice of this hearing by T. LTB. There was no record of a request to adjourn T. hearing. As a result, T. hearing proceeded with only T. Landlord's evidence. Determinations: 1. As explained below, T. Landlord has proven on a balance of probabilities T. grounds for termination of T. tenancy. Order Page 1 of 6  File Number: LTB-L-063747-22 2. On October 28, 2022, T. Landlord gave T. Tenant an N7 Notice of termination (N7 Notice) deemed served on T. same date. T. termination date on T. notice was November 30, 2022. T. N7 Notice alleges: a. On September 14, 2022 employees of T. Landlord as well as T. Fire Prevention 2023 ONLTB 30075 (CanLII) Officer (FPO) from T. City of Guelph fire department performed a general inspection and found excessive accumulation combustible materials stored throughout T. unit, in areas designed as exits and in close proximity to ignition sources. It was also determined that T. Tenant had disconnected T. smoke detector. As a result of this an Inspection Order pursuant to T. Fire Protection and Prevention Act, 1997, was issued as a result. A copy of T. Inspection Order was included with T. notice; b. On October 21,2022 with proper notice having been given T. Tenant denied entry to rental unit by T. Landlord and a FPO; c. On October 28, 2022 employees of T. Landlord as well as T. Fire Prevention Officer (FPO) from T. City of Guelph fire department performed a follow-up inspection to T. Fie Department’s inspection order and found that T. Tenant had not complied with T. order and had again disconnected T. smoke alarm. As a result charged T. Tenant with non-compliance. A copy of charge referral sheet was included with T. notice; d. Support and accommodation have been offered to T. Tenant at every stage of engagement on T. above issues and T. Tenant has refused each time; e. T. dangerous conditions in T. Tenants’ unit continues to pose an extremely serious impairment of safety for all people who reside in, work at, or visit T. residential complex; and f. T. Landlord may apply for lawful termination of T. Tenants’ tenancy after T. proper serving of T. Notice. 3. T. Tenant was in possession of T. rental unit on T. date T. application was filed. Landlords Evidence and Submissions 4. On September 14, 2022 employees of T. Landlord along with T. Landlord’s Witness Barry Williams, a Fire Prevention Officer (FPO Williams) with T. City of Guelph Fire Department, conducted a fire safety inspection of T. rental unit and found that T. smoke detector was tampered with and dismantled, there was excessive accumulation of personal items both benign and combustible (paint thinner, lighter fluid, aerosol sprays) stored throughout all rooms of T. rental unit, including in areas designated as exits and areas in close proximity to ignition sources. This was supported by pictures entered in Order Page 2 of 6  File Number: LTB-L-063747-22 evidence. Before leaving T. rental unit FPO Williams re-installed T. smoke detector. This was supported by FPO Williams’s testimony. 5. Immediately following this inspection an order was issued by FPO Williams, directing T. Tenant to remove T. combustible products, clear all exits of any materials that could impede evacuation or emergency responders and to not tamper with T. smoke alarm. T. 2023 ONLTB 30075 (CanLII) deadline to comply with this order was October 17, 2022. A copy of T. order dated September 14, 2022 was entered in evidence. 6. On October 21, 2022, another inspection was scheduled to be conducted but upon arriving to T. rental unit it was discovered that T. Tenant had changed T. locks to T. rental unit and denied entry. 7. On October 26, 2022 employees of T. Landlord along with FPO Williams were able to gain entry to T. rental unit to conduct a follow-up inspection in accordance with T. September 14, 2022 order. Upon gaining entry FPO Williams observed that T. September 14, 2022 order has not been complied with. T. smoke alarm was again dismantled and there were additional items, both benign and combustible, blocking T. entry and exits to T. rental unit. T. items were stored in a manner that there is a risking of toppling and they are located close to ignition sources. 8. FPO Williams testified that T. condition of T. unit not only represented a clear violation of municipal by-laws but also a clear and present danger to T. Tenants and other occupants of T. rental complex. Pictures of T. rental unit were entered into evidence. These pictures depict items strewn about T. apartment in such volume and excess that it was hard to identify T. defining characteristics of a rooms purpose or dimension. FPO Williams also testified to repairing T. smoke alarm again on October 26, 2022. 9. Following this inspection, T. Landlord issued T. N7 Notice directing T. Tenants to comply with T. following conditions in order to void T. Notice of Termination: a. Reduce and maintain T. amount of combustible materials in T. dwelling unit to within one metre of T. ceiling height to ensure adequate clearance for T. smoke alarm and not represent a topple hazard; b. Reduce T. total combustible items by 30% to reduce risk of fire spread and severity of fire if occurred; c. Provide and maintain minimum aisles width of 1 metre in all access to exits (halls) throughout T. dwelling to allow for egress in event of emergency; d. Provide and maintain exits doors with minimum 1 metre clearance such that they are unobstructed and may operate as designed to allow for egress in T. event of a fire emergency; e. Provide access to exit from each room of T. dwelling unit with a 1 metre access to exit throughout. T. access route must be clear of any obstruction from T. floor to Order Page 3 of 6  File Number: LTB-L-063747-22 ceiling with T. intent to provide a safe means of egress for T. occupant and emergency responders; and f. Provide a minimum of 1 metre clearance of combustible items from ignition sources to include providing a 1 metre clearance from T. electric stove and electrical panel 2023 ONLTB 30075 (CanLII) to ensure there is no accidental ignition. 10. Subsequent to T. service of T. N7 Notice another inspection was conducted on February 2, 2023 during which it was found that yet again T. smoke alarm had been disabled, and none of T. conditions as set out in T. order by FPO Williams on September 14, 2022 or T. N7 Notice had been met. T. Tenant had not moved their personal items, both benign and combustible so as not to block T. entry and exits to T. rental unit, or to prevent them from being toppling hazards and to not be close to ignition sources 11. T. Landlord also discovered that T. Tenant had erected “booby traps” placed throughout T. unit to impede access and cause harm. Pictures of these traps were entered in evidence. Specifically, T. Tenant had affixed heavy metal chains in such a way that they may strike an unexpecting person in T. head. This was supported by T. Landlord Witness Kate Gerreman (KG) who testified she was struck in T. head by one of T. chains. 12. It was KG’s testimony that on February 2, 2023, T. Tenant was combative and repeatedly demanded that they leave. Pictures and a video from this visit were entered in evidence. These pictures and video depicted T. rental unit unchanged and by my estimation even more cluttered and obstructed than before. 13. KG also testified that in her capacity as T. Housing Community Support worker she had on repeated occasions attempted to get T. Tenant social assistance and mental health treatment. It was her opinion that all efforts had been made to maintain T. tenancy but T. Tenant’s unwillingness to comply had become a real and present danger to themselves and other tenants. She also submitted that T. Tenant, contrary to an existing order, had been allowing an unauthorized individual on to T. rental property and was actively using him to disrupt their efforts to rectify T. situation. 14. T. Landlord Representative submitted that eviction is T. only acceptable outcome given T. severity of T. issues and T. Tenant’s refusal to comply with both T. City of Guelph Fire Prevention Office and T. N7 Notice. He also submitted that T. Landlord had certified delivery of T. Notice of Hearing (NOH) to T. Tenant and provided copies of T. Notice, application and T. Landlord’s disclosure to ensure T. Tenant could reasonably participate. Analysis 26. T. N7 Notice was served under sections 66(1) of T. Residential Tenancies Act, 2006 (“T. Act”): Order Page 4 of 6  File Number: LTB-L-063747-22 Termination for cause, act impairs safety 66 (1) A landlord may give a tenant notice of termination of T. tenancy if, (a) an act or omission of T. tenant, another occupant of T. rental unit or a person 2023 ONLTB 30075 (CanLII) permitted in T. residential complex by T. tenant seriously impairs or has seriously impaired T. safety of any person; and (b) T. act or omission occurs in T. residential complex. 15. Based on T. uncontested testimony and evidence presented, I am satisfied that T. Landlord has proven that T. Tenant or another occupant of T. rental unit or a person permitted in T. residential complex by T. Tenant seriously impairs T. safety of any person living in T. residential complex, including themselves and T. conduct occurred in T. residential complex. 16. T. overwhelming evidence and testimony from FPO Williams clearly establish that T. Tenant’s behavior poses a risk to themselves and others. Specifically, T. number of items strewn about T. rental unit make it clear that it would be difficult to escape, in case of fire, in a quick and safe manner. Likewise, its clear that T. amount of items present would also pose an issue for first responders attempting to rescue any persons inside. I accept T. evidence of FPO Williams that T. placement of combustible items near ignition sources, such as T. stove, represents a clear and present danger to T. Tenants and other persons living in T. rental complex. 17. Additionally, KG’s testimony along with T. repeated inspections clearly demonstrates that T. Tenant has no regard for their safety or T. safety of others within T. residential complex and that any further delay poses a real risk to all those involved. Relief from eviction 18. I have considered all of T. disclosed circumstances in accordance with subsection 83(2) of T. Residential Tenancies Act, 2006 (T. 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of T. Act. 19. T. Tenant has had ample opportunity to comply with both T. City of Guelph Fire Prevention order and T. N7 Notice but has failed to do so. T. Tenant was not present at T. hearing to seek relief despite having been properly served with T. Notice of Hearing. I am satisfied on T. balance of probabilities that to grant relief would be unfair to T. Landlord and other tenants within T. residential complex given T. serios and ongoing risks created by T. Tenant’s conduct. It is ordered that: Order Page 5 of 6  File Number: LTB-L-063747-22 1. T. tenancy between T. Landlord and T. Tenant is terminated. T. Tenant must move out of T. rental unit on or before April 17, 2023. 2. If T. unit is not vacated on or before April 17, 2023, then starting April 18, 2023, T. Landlord may file this order with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. 2023 ONLTB 30075 (CanLII) 3. Upon receipt of this order, T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after April 18, 2023. T. Sherriff is requested to expedite T. enforcement of this order. April 12, 2023 ____________________________ Date Issued Kelly Delaney Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of T. Act, T. part of this order relating to T. eviction of T. Tenant expires on October 18, 2023 if T. order has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. Order Page 6 of 6