Metcap Living Management Inc. v Phillips

Tenant wins · Scarborough · 2025-08-21

Adjudicator

Vicky Liu

Dispute

Deemed Assignment, Unauthorized Occupancy

Notice

Tenant-initiated Termination (N9)

Landlord

Metcap Living Management Inc.

Tenant

C.P.

Landlord rep

Phylicia Thomas

What happened

The Landlord applied to terminate the tenancy and evict an unauthorized occupant, alleging the Tenant transferred the unit without consent. The Landlord discovered the occupant in early November 2024 but did not file the application until February 2025. The Board considered whether the application was filed within the 60-day statutory limitation period.

The ruling

The Landlord's application to terminate the tenancy is dismissed as it was filed past the 60-day limitation period prescribed by the Act. Pursuant to section 104(4), the tenancy is deemed assigned to the former unauthorized occupant, who is now recognized as a Tenant of the rental unit.