2546179 Ontario Inc v Delorme
Tenant wins · Levack · 2025-06-02
- Adjudicator
- John Cashmore
- Dispute
- Tenant-initiated Termination
- Notice
- Agreement to End the Tenancy (N11), Other conduct that substantially interferes with the landlord (N5)
- Landlord
- 2546179 Ontario Inc
- Tenant
- D.D., R.S.
- Landlord rep
- Daniel Pazer, Haider Khan
- Tenant rep
- Nathan Boivin
What happened
The Landlord obtained an eviction order without a hearing based on an N11 Agreement to End the Tenancy. The Tenants filed a motion to set aside this order, claiming they were tricked by the Landlord's agent into signing the N11, believing it was merely an acknowledgment that a unit inspection had occurred. The Board held a hearing to determine the validity of the N11 agreement.
The ruling
The Tenants' motion is granted. The previous eviction order (LTB-L-025491-25) is set aside and declared unenforceable. The Board found the Tenants' testimony credible that they were deceived into signing the N11 agreement, believing it was for another purpose. As there was no genuine agreement to terminate, the tenancy continues.