Resident fights eviction after 50-year tenancy

A landmark appeal being heard today by the Court of Appeal for Ontario could have sweeping implications for tenants across the province. At the heart of the case is Mr. Andras Henye, a disabled, elderly, and visually impaired man fighting to stay in the High Park apartment he has called home since the 1970s.

Mr. Henye alleges that Minto Apartment Real Estate Investment Trust (REIT) is attempting to evict him in bad faith over a smoking complaint that is no longer relevant — he has since quit smoking and complied with all legal requirements.

Despite being current on rent and having a grandfathered right to smoke in his unit, Mr. Henye now faces the prospect of eviction from the apartment where both of his parents died. “My home is my life. Losing it would mean losing everything, possibly my life,” he said.

His legal battle, which began at the Landlord and Tenant Board (LTB), has reached Ontario’s highest court following a controversial Divisional Court ruling. His appeal challenges that decision and the LTB’s handling of his case, citing serious violations of procedural fairness.

At the LTB hearing, Mr. Henye was denied an adjournment to obtain legal counsel and prevented from cross-examining witnesses. He argues that this deprived him of a fair opportunity to defend himself.

“This appeal raises core questions of justice and dignity,” said Dr. Michael Motala, co-counsel for Mr. Henye. “It could establish critical rights for tenants, especially the vulnerable and self-represented, including the right to counsel and the right to challenge evidence.”

Tenants’ advocates view this case as a symbol of growing concerns over corporate landlords evicting tenants under questionable circumstances — a practice sometimes referred to as “REITovictions.”

“I’ve seen countless REITovictions in my time,” said Melinda McInnes, a fellow Minto tenant and former head of the local tenants’ association. “This case could set an important precedent.”

The case has galvanized attention across Ontario as rising rents and increased evictions spark growing fears about housing security, especially among seniors, disabled residents, and low-income tenants.

If successful, the appeal could strengthen legal protections for tenants facing eviction and redefine fairness in landlord-tenant proceedings across the province.

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