Case Study

LTB Eviction Order: Tenant Evicted After Guest Brandished Axe at London Ontario Rental Unit

Landlord and Tenant Board upholds eviction under Section 66 RTA after tenant's guest seriously impaired safety of occupants and police

🕑 Case timeline

Application Date: Date not provided

Hearing Date: May 4 and May 8, 2026

Order Issued: May 19, 2026 (original); May 26, 2026 (first amendment); June 17, 2026 (second amendment)

Termination Date: June 5, 2026

Eviction Deadline: June 5, 2026

ℹ️ Case overview

Case Number: LTB-L-032531-26-AM2
Address: Unit 1, 669 Victoria Street, London ON N5Y4C2
Form Used: Form N7
Served By: Andrew Marczenko (Landlord)
Amount Awarded: $186.00
Decision In Favor: Landlord
Application Type: Eviction for seriously impairing the safety of another person in the residential complex
RTA Sections: Section 66(1) – Termination for seriously impairing safety of any person in the residential complex, Section 69 – Landlord application to terminate tenancy and evict tenant, Section 83 – Board's discretion to refuse or delay eviction based on all circumstances, Section 81 – Expiry of eviction order if not filed with Sheriff within six months, Section 21.1 of the Statutory Powers Procedure Act – Authority to correct clerical errors by amended order

👥 Parties involved

Landlord: Andrew Marczenko
Landlord Rep: Self Represented
Tenant: Elissa Schaap, Khaleeha Jackson
Tenant Rep: Self Represented
Adjudicator: Peter Nicholson
Keywords: eviction, safety impairment, axe incident, guest behaviour, Section 66 RTA, Section 83 relief denied, amended order, expedited enforcement

⚖️ Decision summary

Tenancy terminated effective June 5, 2026; tenant must vacate by that date.
If not vacated, Landlord may file with the Court Enforcement Office (Sheriff) starting June 6, 2026; Sheriff directed to expedite enforcement.
Tenant ordered to pay $186.00 to Landlord for the cost of filing the application.
If $186.00 is not paid by June 5, 2026, simple interest at 4.00% per annum accrues from June 6, 2026.
The eviction portion of the order expires December 6, 2026 if not filed with the Sheriff before that date.

⚠️ Dispute summary

Landlord alleged two incidents in March 2026 where the tenant's father (AS) caused serious safety concerns at the residential complex.
First Incident (March 22): AS kicked down the front door trying to gain entry; dismissed as tenant did not permit this.
Second Incident (March 29): AS confronted the tenant's mother with an axe in the bathroom; police were called, AS was tased and criminally charged.
Tenant and her mother sought to minimize the Second Incident, claiming AS was not wielding the axe and police had not identified themselves.
Landlord provided a Crown Summary Report and testimony from downstairs tenant Alyssa Garrod corroborating the serious nature of the event.
Board accepted landlord's version of events and ordered eviction, rejecting a conditional order given the tenant's ongoing failure to restrict AS from the property.

📑 Findings & determinations

The First Incident (March 22, 2026) did not constitute a breach under the Act as the tenant did not permit AS entry; AS forcibly attempted to enter against the tenant's wishes.
The tenant did permit AS to reside at the unit regularly, including at the time of the Second Incident (March 29, 2026), satisfying the 'permitted' requirement under Section 66(1).
AS seriously impaired the safety of the tenant's mother (CS) and the responding police officers by possessing and motioning to swing a large axe during an aggressive confrontation.
The tenant's and CS's accounts minimizing the axe incident were found not credible; the Crown Report and the tenant's own distress texts to the downstairs neighbour contradicted their testimony.
Section 83 relief from eviction was denied; despite the tenant's housing circumstances and young child, the ongoing safety risk and AS's continued presence at the building made it unfair to deny eviction.
The Sheriff is directed to give vacant possession on or after June 6, 2026, with expedited enforcement requested.

💡 Summary points

Tenant's father (AS) kicked down the front door on March 22, 2026 attempting to forcibly enter; this First Incident was dismissed as tenant did not permit entry.
On March 29, 2026, AS was found holding a large axe while acting aggressively toward the tenant's mother and police, who had to tase him; he was charged with multiple criminal offences.
The Board found the tenant permitted AS to stay regularly at the unit, establishing liability under Section 66(1) of the RTA.
Tenant and her mother downplayed the axe incident; the Board found their account not credible based on the Crown Report and the tenant's own distress texts requesting police help.
Section 83 relief was denied due to ongoing safety risk, AS's continued presence at the building between hearing dates, and the tenant's failure to acknowledge the severity of events.
The Sheriff is specifically requested to expedite enforcement of the eviction order.
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🧑‍⚖️ Same adjudicator

Peter Nicholson