Ubhi v Baumbach

Tenant wins · Toronto · 2025-08-28

Adjudicator

Dale Whitmore

Dispute

Renovation, Major Repairs

Notice

Renovation, Major Repairs (N13)

Landlord

G.U.

Tenant

J.B., C.B.

Landlord rep

Mark Stoute

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants, claiming that vacant possession was required to perform major repairs and mould remediation following a water leak in the kitchen floor. The Landlord also sought compensation for each day the Tenants remained in the unit past the termination date.

The ruling

The Landlord's application to terminate the tenancy for repairs was dismissed. The Board determined that the repairs, which involved floor replacement and mould remediation, did not require a building permit according to City of Toronto guidelines. As Section 50(1)(c) of the Act necessitates both a building permit and vacant possession, the lack of a permit requirement made termination legally impermissible.