Toronto Community Housing Corporation v Chartrand
Landlord wins · Toronto · 2021-07-06
- Adjudicator
- Kevin Lundy
- Dispute
- Damage to Property, Impaired Safety, Substantial Interference
- Notice
- N7 Notice, N5 Notice
- Amount
- >$20K
- Landlord
- T.C.H.C.
- Tenant
- V.C.
- Landlord rep
- Joy Xiao, Kimberley Pesino
What happened
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant or someone permitted in the unit causing undue damage, substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and seriously impairing the safety of any person. A severe fire occurred in the Tenant's unit on December 24, 2019, which the investigation found was caused by the Tenant's negligent use of smoking material.
The ruling
The tenancy is terminated effective July 29, 2021. The Tenant must vacate the unit by that date. The Tenant is ordered to pay the Landlord $26,903.04 for repair and replacement costs, $3,579.18 for compensation for use of the unit, and $14.79 per day from July 7, 2021 until the Tenant vacates. The Tenant must also pay the $186 application fee. If the Tenant does not pay the full amount by July 29, 2021, interest will accrue at 2% annually on the outstanding balance.