Morguard Nar Canada Limited Partnership v Turner

Landlord wins · Mississauga · 2020-08-20

Adjudicator

Dale Whitmore

Dispute

Illegal Act, Serious Impairment of Safety

Landlord

Morguard Nar Canada Limited Partnership

Tenant

I.J.T., J.M.T.

Landlord rep

Martin Zarnett

Tenant rep

Carey Blake, Philip Herbert

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to allegations of illegal acts and serious impairment of safety. The application was resolved by a consent order issued on February 13, 2020, where the tenancy was terminated effective June 30, 2020. The Tenant later requested a review of the consent order, arguing that he lacked the mental capacity to agree to the termination.

The ruling

The Tribunal denied the Tenant's request to review the consent order issued on February 13, 2020, which terminated the tenancy effective June 30, 2020. The Tribunal found that it did not have jurisdiction to consider the Tenant's capacity to consent to the termination, and that the Tenant did not provide credible evidence to prove he lacked mental capacity.