Kapelos v Savoie

Landlord wins · Oshawa · 2025-09-23

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions, Damage to Property, Safety

Notice

Seriously impaired safety (N7), Wilful damage (N7), Inconsistent use

Landlord

N.K., G.P.O.W.P.

Tenant

F.S., G.S.

Landlord rep

Aaron Gideon

Tenant rep

Kayla Hannan

What happened

The Landlords filed an application to terminate the tenancy and evict the Tenants based on allegations of seriously impairing the safety of others, causing undue damage, and using the premises in an inconsistent manner. An initial eviction order was issued on August 19, 2025. Tenant 1, who was incarcerated at the time, requested a review of that order, claiming she was unable to participate in the original hearing due to a facility lockdown. She also requested an adjournment to obtain legal representation. The Landlords opposed the adjournment citing safety concerns related to Tenant 1's behavior.

The ruling

The request to review the original eviction order was denied. The LTB Member found that the tenant did not provide sufficient evidence that a prison lockdown prevented her participation in the initial hearing. Consequently, the original order terminating the tenancy remains in effect, and the stay on the eviction is lifted as of September 30, 2025.