1600846 Ontario Inc. v Thauvette
Tenant wins · Timmins · 2025-04-23
- Adjudicator
- Laura Hartslief
- Dispute
- Illegal Act
- Notice
- Illegal Act or Business (N6)
- Landlord
- 1600846 Ontario Inc.
- Tenant
- K.T.
- Landlord rep
- Sabi Ahsan
- Tenant rep
- Beatrice Fleming, Marc Laroche
What happened
The Landlord applied to evict the Tenant for an alleged illegal act, specifically operating a 'scrap operation'. The Landlord served an N6 notice, which the Board found to be defective for lacking specific dates, times, and details of the alleged business. During the hearing, the Landlord failed to provide any evidence, such as municipal by-laws or other legislation, to prove that the Tenant's activities were legally prohibited. Consequently, the Board was not satisfied that the Tenant breached section 61 of the Act, and the Landlord's application was dismissed.
The ruling
The Landlord's application for eviction is dismissed. The Board determined that the N6 notice of termination served by the Landlord was defective due to its lack of specificity. Furthermore, the Landlord failed to provide any evidence to prove that the Tenant's alleged activities constituted an 'illegal act' as defined by any federal, provincial, or municipal law. Therefore, the tenancy will continue.