1916923 Ontario Inc v Scott-Montgomery

Tenant wins · Toronto · 2025-07-09

Adjudicator

James Campbell

Dispute

Damage to Property, Substantial Interference

Notice

Substantial interference (N5)

Landlord

1916923 Ontario Inc

Tenant

A.S.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant based on allegations of substantial interference with reasonable enjoyment and for compensation for out-of-pocket expenses. The Landlord issued four consecutive N5 notices with varying termination dates. At the hearing, the Landlord attempted to rely on the first notice issued, but the legal application was based on a different, later notice. Due to this procedural inconsistency and the confusing nature of the multiple notices, the application was dismissed.

The ruling

The application for eviction and compensation was dismissed. The Landlord failed to present a consistent case because the notice of termination used as the basis for the hearing did not match the notice used to file the application. The member noted that the Landlord had served so many notices that the application 'does not make any sense'.