2850429 Ontario Inc. v Wilson
Split/Other wins · Toronto · 2025-06-30
- Adjudicator
- Vladimir Nikitin
- Dispute
- Breach of Conditions, Maintenance, Substantial Interference
- Landlord
- 2850429 Ontario Inc.
- Tenant
- P.W.
- Landlord rep
- Yun Tao Li
- Tenant rep
- Kyle Warwick
What happened
The Landlord applied for eviction after the Tenant breached conditions of a previous order regarding unit cleanliness and providing a key. An ex-parte eviction order was issued, which the Tenant moved to set aside. The Tenant, who suffers from mental health issues and delusions, argued she had made progress and that the Landlord failed to accommodate her disability. The Board found the Tenant did breach the conditions but decided to give her one final opportunity to preserve her tenancy by setting aside the eviction and imposing new, strict timelines for cleaning and key access.
The ruling
The LTB set aside the ex-parte eviction order issued on April 29, 2025. The tenancy is allowed to continue provided the Tenant cleans and declutters the unit to an ordinary state of cleanliness by July 31, 2025, provides a key by July 2, 2025, and removes any additional coded locking mechanisms by July 14, 2025. The Tenant must maintain the unit and permit monthly inspections for 12 months. Failure to comply allows the Landlord to apply for an ex-parte eviction order within 30 days of the breach.