1351895 Ontario Ltd O/a Elmpark Manor v Ross Hamilton

Tenant wins · Toronto · 2022-01-04

Adjudicator

Dawn King

Dispute

Undue damage, Substantial interference

Notice

Substantial interference (N5)

Landlord

1351895 Ontario Ltd O/a Elmpark Manor

Tenant

R.H.

Landlord rep

David Strashin

Tenant rep

Hanson Sone

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's guest causing a disturbance at the rental office, which substantially interfered with the Landlord's or another tenant's reasonable enjoyment or lawful rights, privileges or interests. The Landlord also applied for an order requiring the Tenant to compensate the Landlord for undue damage to the premises.

The ruling

The application was dismissed because the Landlord did not have the right to file the application during the voiding period afforded by the original Notice of Termination as required by s. 70 of the Residential Tenancies Act, 2006.