OLEMED CORPORATION v Soriano

Tenant wins · North York · 2024-09-19

Adjudicator

Julie Broderick

Dispute

Damage to Property, Serious Impairment of Safety

Notice

N7

Landlord

O.C.

Tenant

K.S., D.A.C., J.G., E.F.L., A.F., N.G., M.G., F.A.L., G.I.P.T., S.O., B.O., E.K.V.V., L.B.E., M.H.N., N.H., J.E., J.G., J.G., L.M., J.A.R.R., M.C.A.D.R.

Landlord rep

Demetrios Maragos, Anne De Melo, Jimmy Gangadin

Tenant rep

Samuel Mason

What happened

The Landlord applied for an order to terminate the tenancies and evict the Tenants due to allegations that the Tenants, another occupant, or someone the Tenants permitted in the residential complex seriously impaired the safety of any person and wilfully caused undue damage to the premises. The Landlord alleged the Tenants failed to remove their portable air conditioning units, which may ignite a fire to the building's electrical system.

The ruling

The Board found the N7 Notices served by the Landlord were too vague and did not meet the requirements of the Residential Tenancies Act or the test in Ball v. Metro Capital. The Board determined the N7 Notices disclosed no reasonable cause of action, and therefore dismissed the Landlord's applications.