Mills v Catherwood

Tenant wins · Oshawa · 2021-05-19

Adjudicator

Member, Landlord and Tenant Board

Dispute

Serious Impairment of Safety

Amount

<$5K

Landlord

P.M.

Tenant

T.C.

Landlord rep

Jathusan Ratnakumaran

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to a verbal threat made by the Tenant to the Landlord. The Landlord testified that the Tenant threatened to shoot him when he attempted to enter the rental unit to conduct an inspection.

The ruling

The Landlord's application was dismissed. The Tribunal found that the Landlord's evidence was insufficient to meet the required standard of proof to show that the Tenant's actions seriously impaired the safety of any person. The Tribunal ordered the Tenant to comply with certain conditions, and if breached, the Landlord may apply for an order to terminate the tenancy and evict the Tenant.