2411574 ONTARIO INC v Mccorkell

Landlord wins · Ottawa · 2023-04-19

Adjudicator

Maria Shaw

Dispute

Substantial interference

Notice

N5 Notice of Termination

Amount

$10-20K

Landlord

2411574 ONTARIO INC

Tenant

E.M.

Landlord rep

Greg Foss

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord claimed the Tenant was housing multiple cats in the rental unit, causing a foul odor that deterred prospective tenants from renting units in the building.

The ruling

The tenancy is terminated effective May 31, 2023. The Tenant must vacate the rental unit by this date. If the unit is not vacated by May 31, 2023, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement starting June 1, 2023. The Tenant must pay the Landlord $10,779.61 in compensation for use and occupation of the unit from April 7, 2022 to February 22, 2023, and an additional $33.48 per day from February 23, 2023 until the Tenant vacates the unit. The Tenant must also pay the Landlord $186 for the cost of filing the application.