Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Turner v. Northview Apartment Reit, 2019 ONSC 2204
File Number: DV 20/18
Hearing Date
Apr 2019
Order Date
Apr 5, 2019
The Divisional Court set aside the LTB's eviction order and review order due to a reasonable apprehension of bias on the part of the LTB Member. The Court remitted the Landlord's application for eviction back to the LTB for a new hearing before a different adjudicator.
The Landlord applied for an order to terminate the tenancy and evict the Tenant on the basis that he had seriously impaired the safety of another person in the residential complex and committed an illegal act by assaulting a member of the Landlord's staff. The Tenant appealed the eviction order made by the Landlord and Tenant Board and the subsequent review order that denied his request for review.
The Landlord applied for eviction based on the Tenant seriously impairing the safety of another person and committing an illegal act by assaulting staff.
The Tenant claimed self-defense in response to the assault allegations.
The Tenant grabbed the Landlord's employee's arm and twisted it behind his back twice during a heated argument, pushing the employee into the wall.
The Tenant did not raise the issue of the Member's prior involvement at the initial LTB hearing.
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