Overview:
Ryan McAvany appealed an eviction order issued by the Landlord and Tenant Board (LTB) on May 22, 2024, and a subsequent review decision dated July 3, 2024, under the Residential Tenancies Act, 2006. His tenancy was terminated due to illegal activity and safety concerns at a shared housing unit operated by Kingston Home Base Non-Profit Housing.
Key Facts:
- McAvany lived in a five-bedroom unit shared with other tenants.
- His landlord issued N6 (illegal acts) and N7 (serious problems) notices in May 2022.
- The LTB hearing occurred between November 2022 and February 2024.
- Evidence included police testimony about a May 2022 raid recovering heroin, methamphetamine, drug paraphernalia, and a replica handgun.
- Caseworkers observed ongoing drug activity and the presence of a known drug offender, Mr. Lapointe, in McAvany’s room.
- The LTB found McAvany permitted illegal activity, impairing tenant safety.
Legal Issues on Appeal:
- Errors in Fact-Finding – The court found sufficient circumstantial and direct evidence supporting the LTB’s findings.
- Insufficient Reasons for Decision – The LTB’s reasoning was upheld as adequate for appellate review.
- Procedural Fairness & Bias Claims – No merit was found in McAvany’s allegations of bias, hearsay reliance, or improper evidentiary inferences.
Decision:
- The appeal was dismissed.
- The eviction order remains.
- McAvany must pay $4,000 in costs to the respondent.
