1891133 Ontario Inc v James

Split/Other wins · Niagara Falls · 2025-11-28

Adjudicator

Nicole Pedron

Dispute

Substantial Interference

Notice

Substantial interference (N5)

Amount

<$5K

Landlord

1891133 Ontario Inc

Tenant

P.J.

Landlord rep

Curtis Anderson

What happened

The Landlord applied to terminate the tenancy, alleging that the Tenant substantially interfered with the reasonable enjoyment of the complex due to the presence and odor of dog feces in the rental unit. The Landlord's witness testified to a strong, unpleasant smell during inspections. The Tenant argued the smell was from a broken sewage lid and that the visible clumps in photographs were mud from work boots. The Tenant also cited health issues, including Parkinson's disease, PTSD, and anxiety, as reasons for relief from eviction.

The ruling

The LTB found that the Tenant substantially interfered with others due to dog feces odor but granted a conditional order for the tenancy to continue. The Tenant must clean all dog waste by December 31, 2025, and maintain the unit's cleanliness moving forward. Failure to comply allows the Landlord to apply for an ex parte eviction order within 30 days of the breach. The Tenant is also ordered to pay the Landlord $186.00 for the application fee.