Ltb Order

LTB Order Details for Elissa Schaap, Khaleeha Jackson

📍 London, Ontario

LTB Order Details

File No
LTB-L-032531-26-AM2
Application Type
Eviction for seriously impairing the safety of another person in the residential complex
Tenant Full Name
Elissa Schaap, Khaleeha Jackson
Rental Unit Address
Unit 1, 669 Victoria Street, London On N5y4c2
Decision in Favour Of
Landlord
Adjudicator
Peter Nicholson
Amount Awarded
$186.00
Termination Date
June 5, 2026
View Full Case Study

Case Summary

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.

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.

Decision

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.

Documents

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