Toronto tenant fears homelessness amid alleged ‘bad faith’ eviction

A Toronto man who has lived in the same High Park apartment for decades says he now fears for his livelihood after being denied permission to appeal his eviction to Ontario’s top court.

Andras Henye, who is disabled, partially blind and dealing with declining health, has lived in the same apartment for nearly 50 years. He had asked the Ontario Court of Appeal to hear his case, arguing that he was evicted in bad faith by his landlord, Minto Apartment REIT.

According to court documents, Henye’s eviction is due to non-compliance with smoking rules in the building, despite having a grandfathered right to smoke. He says he fully complied with previous court orders requiring him to stop, but is still being evicted.

Now in his late 50s and with ongoing health issues, Hanye told Global News he fears he won’t be able to find another place after his court proceedings were posted online by an unknown third party without his consent.  “I’ll be evicted, and I’ll be homeless. And that’s what worries me the most,” he said.

Henye has lived in the apartment since childhood; his parents died in the same unit. “My home is my life. Losing it would mean losing everything, possibly my life.”

Henye says he’s up to date on rent and had stopped smoking in the unit before his landlord, Minto Apartment REIT, moved to evict him.

In a decision released this week, the Court of Appeal dismissed Henye’s motion for leave to appeal and denied his request to stop the eviction.

“While I am cognizant of Mr.Henye’s attachment to the unit and his health challenges, I see no meritorious ground of appeal such that an order should be granted,” wrote Justice Julie Thorburn.

The eviction order remains in effect and may be enforced at any time.

Henye’s lawyer, Dr. Michael Motala, said the case raises concerns about how the Landlord and Tenant Board handles vulnerable tenants, especially those representing themselves.

“At the Landlord and Tenant Board, Mr. Henye was not given an opportunity to speak whatsoever until I think approximately an hour into the hearing,” Motala said.

Motala said that Henye asked to raise preliminary issues and seek an adjournment briefly to get a lawyer, but “none of these things happened in this matter.”

Motala also told Global News that Henye fully complied with all court orders and stopped smoking in his unit long ago.

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“There’s a lot of stigma associated with smoking. Despite the fact that there’s a contractual right, he has in good faith obeyed any court order, including the one he referenced, and has completely ceased the activity,” Motala added.

Other tenants say Henye’s case is not unique and reflects a larger pattern of corporate landlords displacing long-time residents.

Melinda McInnes, a longtime High Park resident and community advocate, said she’s seen it firsthand. “I have seen countless REITovictions in my time,” McInnes said. “There’s fear for housing security.”

She adds that this case will set a concerning example for corporate landlords and tenants dealing with similar situations. “Decisions like these send strong messages to long-term, vulnerable tenants that their rights are irrelevant. Housing is a human right, not a bump in a monthly dividend cheque.”

In response to an inquiry from Global News, Minto declined to comment on the specifics but said the case has been ongoing for some time.

“We are not going to be providing any additional details on this matter at the given moment,” said Tamara Costa, senior director with Minto. “Many parties are involved … it’s been going on for many years.”

“I simply want fair treatment and the right to live my life peacefully,” said Henye.

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