Rossvan Apartments v Laurent
Tenant wins · Toronto · 2021-10-08
- Adjudicator
- Ian Speers
- Dispute
- Illegal Act, Serious Impairment of Safety
- Notice
- N6 (Illegal Act), N7 (Serious Impairment of Safety)
- Landlord
- Rossvan Apartments
- Tenant
- D.L.
- Landlord rep
- Geoff Paine
- Tenant rep
- Julio Diaz
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to the conduct of the Tenant's guest, Mckenzie Saraphin, who allegedly committed an illegal act and seriously impaired the safety of a security guard in the residential complex.
The ruling
The Landlord's application is dismissed. The Landlord failed to establish that the Tenant's guest, Mckenzie Saraphin, was either a tenant, occupant, or a person permitted by the Tenant to be in the residential complex at the time of the alleged incidents. Without this, the Landlord did not have jurisdiction to terminate the tenancy based on Saraphin's conduct.