Kovacs v Crawley

Tenant wins · Oshawa · 2025-12-01

Adjudicator

Jane Dean

Dispute

Other, Tenant-initiated Termination

Landlord

T.T.K., K.K.

Tenant

E.C.

Tenant rep

Latrell Crawley

What happened

The Tenant filed a motion to set aside an ex parte eviction order that was based on an N11 Agreement to Terminate. The Tenant alleged she was pressured into signing the agreement and misled about her rights. The Landlords claimed the tenancy was ending because a rent guarantee program from the Salvation Army was being discontinued. The Board examined whether the N11 was validly obtained and whether it would be unfair to uphold the eviction given the Tenant's personal circumstances, including health issues and caring for a disabled adult son.

The ruling

The Tenant's motion is granted. The ex parte order LTB-L-076981-25, which terminated the tenancy and ordered eviction, is set aside and cannot be enforced. The Board found the N11 agreement was signed under misrepresentation and that evicting the Tenant would be unfair given her caregiving responsibilities and health issues.