Toronto Community Housing Corporation v. McGowan

Landlord wins · 2016-01-07

Adjudicator

Sachs J.

Dispute

Illegal Act, Misrepresentation Of Income, Substantial Interference

Landlord

T.C.H.C.

Tenant

C.M.

Landlord rep

Robert G. Doumani, Lauren Chee-Hing

Tenant rep

Susan Jane von Achten

What happened

The landlord sought to terminate the tenancy due to the tenant knowingly misrepresenting income, permitting illegal acts (possession of firearms), and impairing the safety of others. The Landlord and Tenant Board ordered the termination of the tenancy, which the tenant appealed to the Divisional Court.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision to terminate the tenancy. The court found no errors of law in the Board's decision, ruling that it had applied the correct burden of proof and had sufficient evidence to support its findings on illegal acts, safety impairment, and misrepresentation of income.