Morriello v aka Jana Soueidan O'Leary

Tenant wins · Toronto · 2024-11-28

Adjudicator

Sandra Macchione

Dispute

Serious Impairment of Safety

Notice

N7

Landlord

V.M.

Tenant

J.S.O.

Landlord rep

Alison Turnbull

Tenant rep

Dan McIntyre

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to an incident on September 21, 2024 where the Tenant allegedly used a rock to break the exhaust pipe of the water heater, causing carbon monoxide to expel from the furnace room. The Landlord claimed this seriously impaired the safety of the other tenants, leading to the evacuation of the building.

The ruling

The Landlord's application is dismissed as the Landlord did not prove the Tenant seriously impaired the safety of others in the residential complex. The evidence showed the previous gas leak was due to maintenance issues, not the Tenant's actions.