Complex situation, looking for feedback!
I’m looking for realistic opinions on what people think the likely outcome of this Ontario LTB situation will be because it has completely spiraled and I’m overwhelmed hearing about my father navigate it.
Before anyone judges me for helping him: my father is an addict and has a brain injury. He was abusive when I was growing up and I do not have a close relationship with him. I am not defending his past behaviour or trying to paint him as a saint (the opposite really). The only reason I’m involved is because if he loses his housing situation entirely, he becomes volatile and unpredictable, and I’m trying to prevent him from ending up homeless and potentially coming after my family. I’m just trying to keep a roof over his head while he’s still alive and keep things stable.
The situation:
My father owns and lives in the home. He rented out the basement to a woman. The basement has its own kitchen and bathroom, but there is NO separate entrance. The furnace, hot water tank, utilities, and laundry are all located in the basement area.
Before she moved in, she was specifically told that my father would need ongoing access to the basement at any time for laundry and access to utilities/mechanical systems, and that this would not be considered a completely self-contained unit but rather a roommate situation.
After moving in, she installed locks on the basement door and laundry room without permission or consent. My father did not authorize these locks.
Things have deteriorated badly since then.
She has:
- Called my self and daughter inappropriate names simply because she wanted to vent to me about my father while I was going through a difficult pregnancy and in the hospital and asked her to reach out to my aunt instead (dad’s sister)
- Threatened to “kick my fathers teeth in” and saying she wanted him dead
- Refused access to the basement utilities
- Locked access to the furnace/hot water tank area
- Caused a situation where there was temporarily no hot water in the house because access to the mechanical area was blocked
- Hidden from my father and refused communication and hasn’t lived in the unit since January but leaves belongings there.
- Allegedly told friends she has used the LTB system before to stop paying rent and pressure landlords for money
- Allegedly said she has experience “squatting”
Police were contacted at one point regarding threats/conflict, but they basically said it was an LTB matter.
My father has already issued:
- An N12 because he wants the house back for personal use and lives in the home himself
- An N5 regarding interference with lawful rights/access and the lock issue
There is also now a T2 application against my father from the tenant alleging harassment/threats, although there is no actual proof of threats from him. Likewise, we don’t have proof of her threat either, so it’s basically competing allegations.
Important context:
- My father does live in the same house
- There is shared use/access issues involving the basement
- Utilities and laundry are downstairs
- The tenant changed the locks herself
- The basement was never intended to be completely exclusive/private due to utility access needs
- She has petitioned the LTB to sue my father for 2 counts of $50,000.
I know people here aren’t lawyers, but based on experience with Ontario LTB:
- What outcome would you realistically expect?
- Is the illegal lock/access issue likely to matter significantly?
- Does the shared access/no separate entrance situation weaken her position?
- Could the T2 realistically result in major fines against my father?
- Do adjudicators generally view situations differently when the owner actually lives in the home?
- If the N12 was issued properly and compensation is paid before the hearing, is possession likely?
- Could her conduct end up hurting her credibility overall?
Please keep comments constructive. I’m exhausted and trying to manage a situation I never wanted to be involved in. Clearly there are addiction issues on both ends and neither party is in the right. On top of this my daughter and I are currently sick and unable to speak for my father on his behalf at the (3 separate) hearings next week. My dad will have to defend himself and essentially has the brain capacity of a 12 year old so I’m not sure what to expect here.
Thanks in advance!