TORONTO, June 2, 2025 – After nearly 50 years in his beloved High Park apartment, where both of his parents passed away, Andras Henye, an elderly, disabled, and visually impaired tenant who is current on his rent payments, is fighting what he claims is a bad-faith eviction attempt by Minto Apartment REIT. The eviction is based on an issue that is now resolved, leading to a significant appeal before the Court of Appeal for Ontario today.

The case’s decision could have broad implications for tenants nationwide.

This legal challenge arises as Toronto residents face similar struggles against corporate landlords engaging in bad-faith evictions and rent increases. Henye’s case represents the struggles of many tenants against powerful landlords across the province and is among the first to reach this high a court level.

Henye’s appeal contests a controversial ruling by the Divisional Court and previous decisions from the Landlord and Tenant Board (“LTB“). The appeal focuses on important issues of procedural fairness and tenant rights, which will significantly impact landlord-tenant relationships throughout Ontario.

Henye, who has consistently paid his rent, initially had a grandfathered right to smoke in his apartment but has since stopped entirely, adhering to all court orders.

Despite this, he still faces eviction.

During the LTB proceedings, Henye was allegedly given minimal opportunity to speak, was denied a request to postpone the hearing to obtain legal counsel, and was not allowed to cross-examine the evidence presented against him.

Henye, now in his late fifties, has resided at 111 Pacific Avenue since the 1970s. The apartment holds deep sentimental value, as it is where his parents passed away and represents his entire life and community.

Henye, whose health is declining, fears that eviction could lead to homelessness and endanger his life, especially considering that court records were posted online by an unknown individual without his permission.

This significant appeal seeks to establish essential rights for tenants, including the right to address preliminary issues, the right to a temporary adjournment to secure legal representation, and the crucial right to cross-examine witnesses.

Furthermore, it aims to correct serious judicial errors in the Divisional Court’s recent decision, which contained multiple, successive endorsements filled with mistakes, constituting significant errors of law.

“My home is my life. Losing it would mean losing everything, possibly my life,” Henye stated.

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

Co-counsel for the appellant, Dr. Michael Motala, emphasized the wider consequences of the case.

“The importance of this case cannot be overstated.”

“Mr. Henye’s fight marks a crucial moment for tenant protection, especially against corporate landlords who might pursue bad-faith evictions to greatly increase rental income.”

Tenants in other Minto-managed buildings have voiced concerns regarding the landlord’s behavior.

“I have seen countless REITovictions during my time,” said Melinda McInnes, a long-time Minto REIT High Park resident, community advocate, and former President of the local tenants’ association, who is worried about her housing security.

The appeal’s outcome could redefine procedural fairness for tenants across Ontario, ensuring sufficient legal safeguards for vulnerable and self-represented individuals.

For further information, please contact:

EVERLEX Legal Professional Corporation

Tel: 437-488-8431

SOURCE EVERLEX LPC

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