Ruoho v Joseph

Tenant wins · Brantford · 2025-08-06

Adjudicator

Amanda Kovats

Dispute

Breach of Conditions, Substantial Interference

Landlord

N.R., P.R., 2780930 Ontario Inc

Tenant

R.J.

Tenant rep

Joel Yinger

What happened

The Landlords applied for an ex parte eviction order alleging the Tenant breached a conditional order from 2024 regarding smoking restrictions. The Landlord provided evidence that the Tenant's daughter was vaping within 9 meters of the residential complex. The Tenant filed a motion to set aside the resulting eviction order (LTB-L-046055-25). The Board considered whether the alleged breach was sufficient to warrant eviction, taking into account the Tenant's long-term residency and disability status.

The ruling

The motion to set aside order LTB-L-046055-25 is granted. The Board found that the alleged breach (a guest vaping outside) was a minor technicality that did not justify terminating a ten-year tenancy, especially given the Tenant's compliance over the previous year and his status as an ODSP recipient. The previous eviction order is set aside and cannot be enforced.