Cityhousing Hamilton Corporation v Salih
Last updated: February 7, 2026
Order
Ordered by Joy Xiao,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Cityhousing Hamilton Corporation v Salih, 2025 ONLTB 86548
File Number: LTB-L-066379-25
Timeline
Hearing Date
Oct 2025
Order Date
Nov 14, 2025
Tenancy End Date
Feb 2026
Decision
The tenancy is terminated effective February 28, 2026. The eviction is postponed until that date to allow for discharge planning, provided the Tenant does not commit any further illegal acts in the residential complex. If the Tenant breaches this condition, the Landlord may apply for an immediate eviction order under section 78. The Tenant is also ordered to pay the Landlord $186.00 for the application filing fee.
Reason for Eviction Relief
The Tenant has lived in the unit for ten years, receives ODSP, and the Landlord agreed to a postponement to allow for coordinated discharge planning.
Dispute
The Landlord applied to terminate the tenancy and evict the Tenant based on allegations of illegal acts within the residential complex, specifically theft from another unit and threatening a fellow resident with a hammer. The Landlord also sought compensation for post-termination occupancy. The Tenant contested the eviction, citing mental health issues and a need for accommodation.
Determinations
- Landlord proved the grounds for termination based on illegal acts
- Tenant was in possession of the unit when the application was filed
- Tenant committed theft by unlawfully entering another unit on July 17, 2024
- Tenant threatened another resident with a hammer on November 25, 2024
- Landlord met its duty to accommodate to the point of undue hardship
- Tenant's illegal behavior has continued after the notice was served
Landlord's Arguments
Arguments
The Landlord argued that the illegal acts were serious and continued despite warnings and support offers, and that they had met the duty to accommodate to the point of undue hardship.
Actions and Evidence
The Landlord provided evidence of extensive on-site supports, including medical and social services, and made repeated direct outreach to the Tenant to offer help, which the Tenant declined.
Tenant's Arguments
Arguments
Tenant's representative argued that there was no criminal conviction for the hammer incident (peace bond only) and highlighted the Tenant's mental health issues as a basis for the duty to accommodate.
Actions and Evidence
Tenant admitted to holding a hammer in the hallway and to pleading guilty to theft and being unlawfully in a dwelling house. Tenant stated she acted out of anger due to comments from the other resident. Tenant also entered another unit (803) through an unlocked door after the N6 was served, claiming she thought she had permission.
Considerations
Tenant threatened another resident with a hammer and committed theft from other units; behavior continued even after the eviction notice was served.
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