EverJonge Homes Ltd v Kavanagh

Tenant wins · Windsor · 2025-07-02

Adjudicator

Robert Patchett

Dispute

Demolition

Notice

Demolition (N13)

Landlord

EverJonge Homes Ltd

Tenant

A.K., M.S.

Landlord rep

Muhammad Malik, Naismith EverittDe-Jonge

What happened

The Landlord applied to terminate the tenancy and evict the Tenants on the grounds that the Landlord intended to demolish the rental unit. The Landlord served an N13 notice to the Tenants. However, the Tenants contested the application, arguing that the Landlord had not taken all reasonable steps to obtain the necessary demolition permits. Evidence presented showed the permit applications were only in the 'Draft' stage with the City of Windsor.

The ruling

The Landlord's application to terminate the tenancy for demolition is dismissed. The Landlord failed to satisfy the Board that it had taken all reasonable steps to obtain the necessary demolition permits, as the application was found to be in 'Draft' status on the City of Windsor's system. No order was made regarding the repayment of any compensation paid to the tenants.