Hillock Investments Inc. v Adamovich

Landlord wins · Toronto · 2022-01-07

Adjudicator

Dawn King

Dispute

Undue damage, Substantial interference

Notice

Termination for Substantial Interference and Undue Damage (s. 63 and 64)

Landlord

Hillock Investments Inc.

Tenant

I.A.

Landlord rep

Samuel Korman, Simon Parker

Tenant rep

Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant, another occupant, or someone permitted by the Tenant, wilfully or negligently causing undue damage to the premises and substantially interfering with the Landlord's lawful rights, privileges or interests. The Landlord served a voidable Notice of Termination on the Tenant on September 9, 2020 with a termination date of September 30, 2020.

The ruling

The Landlord's application is dismissed. The Tenant vacated the rental unit on May 31, 2021, so the application for eviction is moot. The Board has no jurisdiction to make an award for damages as the Landlord did not request an order for payment of damages in the original L2 application.