Lafleur v Wagner
Split/Other wins · Kitchener · 2022-03-25
- Adjudicator
- Douglas Wilkins
- Dispute
- Substantial interference
- Notice
- N5 (Substantial Interference)
- Landlord
- L.L., J.L.
- Tenant
- N.W.
What happened
The Landlords issued two N5 notices of termination to the Tenant alleging substantial interference due to issues related to dog excrement. The hearing Member found that the Tenant substantially interfered with the Landlords' and other tenants' reasonable enjoyment but granted conditional relief from eviction.
The ruling
The hearing Member found that the Landlords proved the ground of termination but provided relief from eviction on terms that provide the Landlords with recourse to the ex parte eviction process under section 78 of the Act if the Tenant does not abide by the condition of not leaving dog excrement in the residential complex for 12 months.