Diaz v. Kubinec

Landlord wins · 2020-06-12

Adjudicator

Schabas J.

Dispute

Health And Safety, Illegal Act

Landlord

J.D.

Tenant

C.K.

Landlord rep

I. Awgu

What happened

Landlord sought enforcement of an eviction order issued by the Landlord and Tenant Board due to the tenant's repeated smoking of marijuana in the rental unit, which posed serious health and safety risks to the landlord and other occupants of the house.

The ruling

The court granted the application to enforce the Landlord and Tenant Board's eviction order, effective June 17, 2020 at 2 PM, unless the tenant made further submissions before that time. The court found that the immediate health and safety risks to the landlord and other occupants outweighed the public health concerns of eviction during the COVID-19 pandemic.