Indwell v Milbury
Split/Other wins · Woodstock · 2025-04-28
- Adjudicator
- Panagiotis Peter Roupas
- Dispute
- Harassment, Serious Impairment of Safety
- Notice
- Serious impairment of safety (N7)
- Amount
- <$5K
- Landlord
- I.
- Tenant
- P.M.
- Landlord rep
- Tracy Daichendt
What happened
The Landlord applied to terminate the tenancy alleging the Tenant seriously impaired the safety of others. Specifically, the Tenant was accused of punching another resident, striking a staff member with a cane, and harassing neighbors through the intercom based on unfounded noise complaints. The Tenant, a senior with physical and potential mental health issues, arrived late to the hearing claiming she had just been served with the notice.
The ruling
The LTB found that the Tenant's physical aggression towards staff and other residents constituted a serious impairment of safety. However, the Board granted relief from eviction on the condition that for one year, the Tenant must not harass others, make false noise allegations, or engage in behavior deemed as assault under the Criminal Code. The Tenant must also reimburse the Landlord for the $186 application fee. Failure to comply with the behavioral conditions allows the Landlord to apply for an eviction order without further notice to the Tenant.