First Point Investment (Joe Morriello) v Dunlop

Tenant wins · Toronto · 2021-11-24

Adjudicator

Dawn King

Dispute

Damage to Property

Notice

Non-payment of rent (N5)

Landlord

F.P.I.J.M.

Tenant

R.D.

Landlord rep

William Hart

Tenant rep

Samuel Mason

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant, another occupant, or someone Tenant permitted in the residential complex wilfully or negligently causing undue damage to the premises. Landlord also applied for an order requiring Tenant to compensate Landlord for the damage.

The ruling

The Landlord's application is dismissed as the second N5 notice served pursuant to s. 68(1) is found to be invalid.