Navaratil v Clayton

Tenant wins · Toronto · 2025-07-29

Adjudicator

Karen Gonçalves

Dispute

Tenant-initiated Termination

Landlord

M.N.

Tenant

R.C.

Landlord rep

Fred Bari

What happened

The Landlord applied for an order to terminate the tenancy based on an alleged agreement to terminate (N11). An initial order was issued without a hearing. The Tenant filed a motion to set aside that order, claiming he never signed the N11 agreement and that his signature was forged. The Tenant testified that he believed the forgery occurred because he refused to evict a homeless family he had taken in during the winter.

The ruling

The Tenant's motion to set aside the eviction order is granted. The Board found that the Tenant did not sign the agreement to terminate the tenancy and that the signature on the N11 form was likely not his. Consequently, the order issued on April 7, 2025, is set aside and cannot be enforced.