Last updated: July 22, 2024
Ordered by Fabio Quattrociocchi,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
Agree with the ruling?
Citation: Harper v Dolan, 2022 ONLTB 7101
File Number: LTB-L-027888-22
Hearing Date
Sep 2022
Order Date
Sep 29, 2022
Tenancy End Date
Oct 2022
The tenancy is terminated, and the Tenants must vacate the rental unit by October 31, 2022. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants must pay the Landlord's $186 application filing fee by October 31, 2022, after which interest will accrue.
Landlord applied to terminate the tenancy and evict the Tenants due to non-payment of rent and the Tenants seriously impairing the safety of others in the residential complex. The Tenants paid the rent arrears before the hearing, but the Landlord's L2 application for serious impairment of safety was still proceeding.
Landlord's witness Frank Valentini testified that on April 29, 2022, he witnessed Tenant Michael Dolan laying on the pavement outside the rental unit and shouting in pain after falling from the second storey window. On April 30, 2022, Mr. Valentini testified that he witnessed smoke emanating from the rental unit and later discovered that a fire had occurred in the unit. Landlord's agent Bashkim Lekaj testified that he was advised by the fire department that the fire was caused due to excess clutter being stored and the occupants and/or guests using illegal drugs in the rental unit.
Tenant Amy Cathcart argued that Tenant Michael Dolan was intoxicated due to excess alcohol consumption and not the use of illegal drugs, and that the individuals present during the fire were not permitted guests of the Tenants.
Tenant Amy Cathcart agreed that on April 29, 2022, the Tenants had visitors at the rental unit and that the Tenant Michael Dolan was heavily intoxicated and fell out the second-floor window. Tenant Amy Cathcart also agreed that a fire occurred in the rental unit on April 30, 2022 but argues that neither Tenants were home during this incident and that the individuals present in the rental unit were not permitted guests of the Tenants.
Tenant Michael Dolan's intoxication and fall from 2nd floor window, Tenant's guests causing a fire in the rental unit
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Application Fee
$186
Ordered Amount
$186 (to Landlord)
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