Cornelia Investments Limited c/o Gossner & Hornar Management Ltd. v Olivares

Tenant wins · Toronto · 2025-08-12

Adjudicator

Joshua Labbe

Dispute

Damage to Property, Serious Impairment of Safety

Notice

Serious impairment of safety (N7), Willful damage (N7)

Landlord

Cornelia Investments Limited c/o Gossner & Hornar Management Ltd.

Tenant

M.M.O.

Landlord rep

David Ciobataru

What happened

The Landlord applied to terminate the tenancy and evict the Tenant following an incident where an individual, allegedly a guest of the Tenant, was involved in a physical altercation at the residential complex. The Landlord alleged that this individual drove a vehicle into a police cruiser and the building wall, causing approximately $400.00 in damage, while appearing intoxicated. The Landlord claimed this conduct willfully caused damage and seriously impaired the safety of residents and staff.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. Although the Landlord provided video evidence of an individual engaging in dangerous behavior and causing property damage, they failed to provide any evidence or testimony linking that individual to the Tenant. Consequently, the Landlord did not meet the burden of proof required to hold the Tenant responsible for the incident.