Qassim v Al-Hakimi
Landlord wins · East York · 2025-07-28
- Adjudicator
- Karen Gonçalves
- Dispute
- Breach of Conditions, Unauthorized Occupancy
- Landlord
- O.Q., 1000831699 Ontario Inc
- Tenant
- N.M.H.A.
- Landlord rep
- Victoria Zarif, Jennifer Ireland
- Tenant rep
- Daniel English
What happened
The Landlords applied to terminate the tenancy after the Tenant moved out of the country and left his three adult children in the unit without the Landlords' consent. An initial order for eviction was granted after a hearing where the Tenant was absent. The Tenant requested a review, claiming he did not receive notice of the original hearing and arguing that leaving his children in the unit did not constitute an unauthorized transfer of occupancy. The Board reviewed whether the Tenant was reasonably unable to participate and whether the original order contained a serious error regarding Section 100 of the Act.
The ruling
The request to review the original eviction order is denied. The Board confirmed that the Tenant's act of leaving the country and allowing his adult children to live in the unit without the Landlords' consent constitutes unauthorized occupancy under Section 100 of the Act. The stay of eviction is lifted effective July 31, 2025, providing the occupants a short period to vacate and find alternative housing with family members in the same complex.