Serious Risk to Safety (LTB)
TSL-66654-15 (Re), 2016 CanLII 39866 (ON LTB)
16. It is uncontested that the rental unit is very cluttered with combustible materials, the Tenant uses multiple electric heaters to make the rental unit very hot and the Tenant is a heavy smoker. It is also uncontested that the Tenant keeps combustible items on his stove and that he uses his stove to cook. These facts demonstrate that the state of the rental unit presents a serious risk of fire. As for whether the Tenant left an electric heater on in close vicinity to water, the evidence from both the Landlord and the Tenant is hearsay on this point (hearsay is a statement made outside of the hearing room). However, the Landlord’s evidence comes from a person who has no reason to fabricate and therefore this evidence is more reliable. On the other hand, the Tenant does have a reason to fabricate. I therefore find, on a balance of probabilities, that the Tenant left an electric heater on and that it was found by the superintendent to be surrounded by water. This presents a significant risk of electrocution. Accordingly, based on this fact and all of the other evidence, I find, on a balance of probabilities, that the state of the rental unit poses a serious risk to the safety of the Tenant and to the safety of the other tenants in the building.
17. I am therefore satisfied that the Tenant has seriously impaired the safety of any person.
EAL-30005-13-SA (Re), 2013 CanLII 18254 (ON LTB)
4. The Tenant was angry at getting an eviction order and pleaded with the Landlord to preserve his tenancy on February 21. He threatened to set himself on fire. Later that same day, the fire department responded to a fire in the Tenant’s unit. The Tenant explained that he had fallen asleep in his chair at 5 pm while smoking a cigarette and his clothes had caught on fire. The fire department official told the security personnel that the fire was suspicious and possibly mischief related.
5. I believe on the balance of probabilities that the Tenant poses a serious risk to his neighbours and it would not be reasonable to provide him relief from eviction.
