DE SOUSA v DUCHOSLAVOVA
Tenant wins · Toronto · 2025-05-09
- Adjudicator
- Jane Dean
- Dispute
- Breach of Conditions
- Notice
- Breach of Conditions (L4), Serious Impairment of Safety (N7)
- Landlord
- T.D.S.
- Tenant
- P.D.
- Landlord rep
- Jessica Moreira, Michael Kippel
- Tenant rep
- Edward Sullivan
What happened
The Landlord obtained an ex-parte eviction order, alleging the Tenant breached a previous consent order by attempting to sublease the unit and obstructing a common hallway. The Tenant filed a motion to set aside this eviction order, arguing she was seeking a roommate (not a sublease) and that the term regarding hallway items was ambiguous. The Board heard the motion, agreed with the Tenant on the roommate issue, found a technical breach on the hallway obstruction but granted relief from eviction due to the term's ambiguity and the long-term tenancy. The eviction order was set aside, and the prior consent order was replaced with a new conditional order.
The ruling
The Member granted the Tenant's motion, setting aside the ex-parte eviction order and dismissing the Landlord's L4 application. While a minor breach concerning items in a hallway was found, the Board granted the Tenant relief from eviction due to the ambiguity of the prior order's terms and the long-term nature of the tenancy. The Board determined seeking a roommate was not a breach. The previous consent order was cancelled and replaced with a new, more specific conditional order governing the Tenant's conduct.