June 1, 2025

TORONTO – Nearing half a century living in his cherished apartment at High Park, where both his parents died, Mr. Andras Henye, who is elderly, disabled, going blind, and not in arrears of rent, faces what he alleges is a bad-faith eviction by Minto Apartment REIT over what is now a moot point, prompting a landmark appeal before the Court of Appeal for Ontario today.

The outcome will have far-reaching consequences for tenants across the country.

This comes as residents in the City of Toronto have faced similar battles against corporate landlords who evict in bad faith and raise rents. His battle symbolizes the struggles of countless tenants against powerful corporate landlords across the province, and is one of the first to reach this level of court.

Mr. Henye’s appeal challenges a controversial decision by the Divisional Court and decisions by the Landlord and Tenant Board (“LTB”). This appeal addresses crucial procedural fairness and tenant rights issues that will broadly affect landlord-tenant relations across Ontario.

Mr. Henye, who is up to date with rent, had a grandfathered right to smoke in his unit, but ceased smoking entirely, complying fully with all court orders.

Nonetheless, he now faces eviction.

At the LTB, Mr. Henye was barely given an opportunity to speak, was denied a request to adjourn the matter to obtain counsel, and was deprived of an opportunity to cross-examine evidence used against him.

Now in his late fifties, Henye lived at 111 Pacific Avenue since the 1970s. The apartment, deeply sentimental as the site of his parents' passing, represents the entirety of his life and community.

Mr. Henye, whose health is in decline, fears that eviction will leave him homeless and risk his life, especially given that records of court proceedings were posted online by an unknown party, without his consent.

This landmark appeal aims to establish fundamental rights for tenants, including the right to raise preliminary issues, the right to temporarily adjourn proceedings to secure legal representation, and the vital right to cross-examine witnesses.

It further seeks to rectify serious judicial errors made by the recent decision of the Divisional Court, which released multiple and successive endorsements replete with mistakes, amounting to significant errors of law.

"My home is my life. Losing it would mean losing everything, possibly my life," Mr. Henye said.

"I simply want fair treatment and the right to live my life peacefully."

Co-counsel for the appellant, Dr. Michael Motala, highlighted the broader implications.

"The significance of this case cannot be overstated.”

“Mr. Henye’s fight represents a critical juncture in tenant protection, particularly against corporate landlords who might pursue evictions in bad faith to substantially increase rental revenues."

Tenants at other buildings managed by Minto have expressed fear about the landlord’s course of conduct.

"I have seen countless REITovictions in my time," says Melinda McInnes, a long-time Minto REIT High Park resident, community advocate, and past President of the local tenants' association, who fears for her housing security.

"Targeted harassment and bad faith evictions are prevalent in this community and across the province."

The outcome of this appeal could redefine procedural fairness for tenants throughout Ontario, ensuring adequate legal protections for vulnerable and self-represented individuals.

For further information, please contact:

EVERLEX Legal Professional Corporation

www.everlex.ca/andy

Tel: 437-488-8431

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