Court File and Parties
CITATION: Toronto Community Housing Corp. v. Palma, 2019 ONSC 5417
DIVISIONAL COURT FILE NO.: 137/18
LANDLORD AND TENANT BOARD FILE NO.: TSL-88989-17 and TSL-88989-17-RV
DATE: 20190918
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Swinton, Backhouse and Favreau JJ.
BETWEEN:
TORONTO COMMUNITY HOUSING CORP. Landlord (Respondent)
– and –
MAGDALENA PALMA and ROBERTO PALMA Tenants (Appellants)
Katie Douglas, for the Landlord (Respondent)
Magdalena Palma, acting in person
HEARD at Toronto: September 18, 2019
Oral Reasons for Judgment
SWINTON J. (Orally)
[1] The respondent Toronto Community Housing Corp. (“TCHC”) agrees that this appeal of the Landlord and Tenant Board’s orders of February 22, 2018 and February 28, 2018 should be allowed.
[2] Neither TCHC nor the Board was aware that the appellant had obtained a restraining order from the courts. Had the Board been aware of the order, it would not likely have found that the appellant’s son was an occupant of the unit and/or that the appellant had “permitted” him to commit an illegal act or seriously impair the safety of another person at the building. In the absence of such findings, there would be no grounds for eviction.
[3] Accordingly, the appeal is allowed. The Board’s order of eviction is set aside and the Landlord’s application in Board File No. TSL-88989-17 is dismissed.
Swinton J.
I agree _______________________________ Backhouse J.
I agree _______________________________ Favreau J.
Date of Oral Reasons for Judgment: September 18, 2019
Date of Release: September 19, 2019
CITATION: Toronto Community Housing Corp. v. Palma, 2019 ONSC 5417
DIVISIONAL COURT FILE NO.: 137/18
LANDLORD AND TENANT BOARD FILE NO.: TSL-88989-17 and TSL-88989-17-RV
DATE: 20190918
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Swinton, Backhouse and Favreau JJ.
BETWEEN:
TORONTO COMMUNITY HOUSING CORP. Landlord (Respondent)
– and –
MAGDALENA PALMA and ROBERTO PALMA Tenants (Appellants)
ORAL REASONS FOR JUDGMENT
Swinton J.
Date of Oral Reasons for Judgment: September 18, 2019
Date of Release: September 19, 2019