Evangel Hall Mission v Homer

Tenant wins · Toronto · 2025-07-14

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Substantial Interference

Landlord

E.H.M.

Tenant

K.H.

Landlord rep

Roman Komarov

What happened

The Landlord applied for an ex-parte order to terminate the tenancy after alleging the Tenant breached conduct conditions established in a previous order dated November 5, 2024. The Landlord alleged the Tenant used foul language and yelled at staff/other persons in the complex. The Tenant filed a motion to set aside the resulting eviction order, citing mental health issues and a temporary lack of medication as mitigating factors for his behavior.

The ruling

The LTB granted the Tenant's motion to set aside the ex-parte eviction order. While the Board found that a breach of conduct conditions had occurred during an elevator incident, it accepted the Tenant's medical evidence that his behavior was linked to a temporary loss of mental health medication. The previous order from November 2024 is reinstated, and the Tenant is warned that this is a final opportunity to maintain his tenancy through appropriate behavior.