38 Barton Inc. v Shaw

Landlord wins · Toronto · 2025-04-03

Adjudicator

Elena Jacob

Dispute

Substantial Interference

Notice

Substantial Interference (N5)

Amount

<$5K

Landlord

38 Barton Inc.

Tenant

L.A.P.S.

Landlord rep

Sabrina Sciulli, Felicia Velasquez

What happened

The Landlord, a corporation, applied to evict the Tenant for substantial interference with the reasonable enjoyment of other tenants and the Landlord. The issues stemmed from the Tenant and her guests causing disturbances, such as banging on the fire escape door late at night to gain entry and the Tenant's dog defecating and urinating in common areas. The Landlord served two N5 notices. The Tenant did not attend the hearing.

The ruling

The tenancy is terminated effective April 14, 2025, due to substantial interference caused by the Tenant and her guests. The Tenant is ordered to vacate the unit by this date. The Tenant must also pay the Landlord $186.00 for the application filing fee. Relief from eviction was denied due to the ongoing nature of the disturbances and the Tenant's failure to attend the hearing.