CityHousing Hamilton Corporation v Castonguay
Tenant wins · Hamilton · 2025-07-29
- Adjudicator
- Karen Gonçalves
- Dispute
- Breach of Conditions, Substantial Interference
- Landlord
- C.H.C.
- Tenant
- D.C.
- Landlord rep
- Vladimir Molatchenko
- Tenant rep
- Kimberley Farrell
What happened
The Landlord applied for an ex-parte eviction order alleging the Tenant breached a conditional order from September 2024 by yelling and threatening a property manager. The Tenant filed a motion to set aside the resulting eviction order, denying the breach and providing video evidence of the encounter.
The ruling
The motion to set aside the eviction order issued on March 26, 2025, is granted. The Board found the Tenant did not breach the conditions of the previous order. The eviction order is set aside and cannot be enforced.