2765749 Ontario Corporation v Gerald Miller

Tenant wins · London · 2023-05-30

Adjudicator

John Cashmore

Dispute

Substantial Interference

Notice

N5

Landlord

2765749 Ontario Corporation

Tenant

G.M.

Landlord rep

James Fernandez

Tenant rep

Kevin Tyrer

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to allegations of substantial interference, including smoke and feces odors in the rental unit and common areas.

The ruling

The Landlord's application is dismissed. The Tenant voided the N5 notice by correcting the issues within the required 7-day period, and the residual odor in the hallway does not amount to substantial interference.